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Fundamental Legal and Regulatory Framework Governing Competition Law in Serbia.

Overview

Competition Law in Serbia has undergone continuous development, reflecting the country’s progressive alignment with European Union competition standards and strengthening institutional enforcement practice. The Serbian Commission for Protection of Competition plays a central role in supervising market conduct, with increasing focus on complex market behaviour, abuse of dominance, restrictive agreements, and merger control. The regulatory framework is designed to ensure transparent and fair market conditions while supporting Serbia’s broader integration into the EU competition law system.

The legal foundation of Competition Law in Serbia is primarily regulated by the Law on Protection of Competition, which closely follows the principles and structure of EU competition rules. Serbian legislation prohibits agreements that restrict, distort, or prevent competition, as well as the abuse of dominant market position. The system also introduces a follow-on litigation regime, allowing civil courts to award damages only after the Commission formally establishes an infringement, thereby ensuring consistency and legal certainty in competition enforcement.

A particularly relevant aspect of Competition Law in Serbia concerns merger control obligations. Transactions must be notified to the Commission where prescribed turnover thresholds are met, including situations where foreign entities generate sufficient economic effects within the Serbian market. Consequently, businesses operating or investing in Serbia must carefully assess competition compliance requirements at both operational and transactional levels in order to mitigate regulatory risks and ensure lawful market participation.

Competition Law in Serbia

Legal Foundations of Serbian Competition Law

The regulatory framework of Competition Law in Serbia is based on several interconnected legislative and constitutional pillars that together establish a comprehensive system governing market behaviour. These legal foundations are designed to prevent anti-competitive practices, safeguard market equality, and ensure legal certainty for businesses operating in Serbia. The framework also reflects Serbia’s long-term objective of aligning domestic competition rules with European Union standards.

Law on Protection of Competition Serbia (2009, 2013 Amendments)

The primary legislative source regulating Competition Law in Serbia is the Law on Protection of Competition (Official Gazette of the Republic of Serbia, Nos. 51/2009 and 95/2013). This statute governs restrictive agreements, abuse of dominant position, and merger control, with the broader objective of preserving effective market competition and protecting consumer welfare. The law applies to both domestic and foreign undertakings, public enterprises, state authorities, and entities exercising intellectual property rights where such rights may influence market competition.

The territorial scope of Competition Law in Serbia extends beyond national borders and applies to conduct performed outside Serbia where such conduct produces or may produce effects within the Serbian market. This extraterritorial application significantly increases compliance obligations for multinational companies and cross-border transactions involving Serbian market activities.

The 2013 amendments introduced important refinements to the Serbian competition regime. These changes removed the presumption that a market share exceeding 40% automatically constitutes a dominant position, placing the burden of proof fully on the Commission for Protection of Competition. The amendments also expanded the concept of concentration to include acquisitions of control over parts of undertakings capable of operating as independent business units, introduced the possibility of commitment decisions during infringement investigations, and extended statutory limitation periods for imposing competition protection measures. These developments strengthened procedural flexibility and further aligned Competition Law in Serbia with EU competition enforcement practice.

Constitutional Provisions on Market Equality

The constitutional foundation of Competition Law in Serbia is established through Article 84 of the Constitution of the Republic of Serbia, which guarantees equal legal status to all market participants. The Constitution expressly prohibits actions that restrict free competition through the creation or abuse of monopolistic or dominant market positions.

By embedding competition protection within constitutional provisions, Serbia has elevated market equality and fair competition to fundamental principles of its legal order. These constitutional guarantees serve as interpretative guidance for regulators and courts when applying statutory competition rules and reinforce the legitimacy of enforcement actions undertaken by the competition authority.

Alignment with EU Competition Framework

The development of Competition Law in Serbia is closely connected to Serbia’s European integration process and its obligation to harmonise domestic legislation with the EU acquis. The Stabilisation and Association Agreement between Serbia and the European Union imposes specific requirements regarding competition and state aid regulation, obliging Serbia to progressively align its antitrust and merger control rules with EU standards.

Serbian competition legislation and enforcement practice are therefore largely modelled on the principles derived from EU competition law. Ongoing monitoring by European institutions continues to influence legislative reforms and enforcement priorities within Competition Law in Serbia. As a result, businesses operating in Serbia are subject to regulatory expectations that are substantially comparable to those applied within EU Member States, requiring the implementation of robust internal compliance mechanisms and careful assessment of competition risks in both operational and transactional activities.

Role and Powers of the Commission for Protection of Competition (CPC)

The Commission for Protection of Competition represents the central enforcement authority responsible for supervising the application of Competition Law in Serbia. The CPC operates as an independent regulatory body with legal personality, exercising public powers in accordance with statutory competition rules. Institutional independence is reinforced through its reporting obligation to the National Assembly, to which the Commission submits annual activity reports, thereby ensuring regulatory accountability and transparency in the enforcement of Competition Law in Serbia.

Ex Officio Investigations and Decision-Making Authority

The CPC is vested with broad investigative and enforcement powers, including the authority to initiate proceedings ex officio whenever there are reasonable grounds to suspect violations of Competition Law in Serbia. Investigations are formally initiated through a procedural decision issued by the President of the Commission, which outlines the alleged anti-competitive conduct, the legal basis for the investigation, and procedural instructions for the parties involved to submit relevant evidence and documentation.

In exercising its investigative authority under Competition Law in Serbia, the CPC is empowered to conduct unannounced inspections (dawn raids), obtain written and oral statements from undertakings and third parties, temporarily seize documentation and electronic data, and apply forensic IT tools in order to detect potential infringements. The Commission’s Council acts as the primary decision-making body, adopting binding decisions through majority voting. The Council determines the rights and obligations of market participants, imposes administrative measures and fines, and adopts regulatory and policy documents relevant to competition enforcement.

Administrative Procedure under General Administrative Law

Proceedings conducted under Competition Law in Serbia are governed by a specialized procedural regime supplemented by the general rules of administrative law. This dual framework ensures both procedural consistency and sector-specific regulatory efficiency. The Law on Protection of Competition prescribes strict decision-making timelines, particularly in cases involving individual exemptions and merger control notifications.

The CPC is generally required to render decisions on individual exemption requests within statutory deadlines and to decide on merger notifications within prescribed review periods following the submission of complete documentation. In ex officio investigations concerning potential infringements of Competition Law in Serbia, the Commission is subject to defined procedural time limits intended to ensure legal certainty and administrative efficiency. Where merger control decisions are not issued within statutory deadlines, transactions may be deemed approved by operation of law, subject to specific procedural conditions.

The CPC exercises discretionary powers when determining sanctions, authorising investigative measures, and conducting summary merger review procedures. These powers must be exercised in accordance with general administrative law principles, particularly proportionality, legality, and protection of procedural rights of undertakings.

Publication of CPC Decisions and Transparency

Transparency constitutes an essential component of enforcement under Competition Law in Serbia. The CPC systematically publishes decisions relating to merger approvals, competition infringements, individual exemptions, and market investigations through official communication channels. Certain enforcement decisions, including those establishing infringements or initiating ex officio proceedings, are additionally published in the Official Gazette of the Republic of Serbia.

The Commission maintains an accessible case database, regularly publishes regulatory guidance and policy materials, and conducts advocacy initiatives aimed at increasing awareness and compliance with Competition Law in Serbia. Educational seminars, professional workshops, and stakeholder consultations form an integral part of the CPC’s compliance outreach strategy. Annual reports submitted to the National Assembly provide detailed insight into enforcement priorities, case statistics, and regulatory developments.

Decisions issued by the CPC are final within the administrative procedure; however, they remain subject to judicial review. Undertakings may challenge Commission decisions before the Administrative Court, with extraordinary legal remedies available before the Supreme Court of Cassation. This judicial oversight mechanism represents an important safeguard ensuring lawful and consistent application of Competition Law in Serbia.

Horizontal and Vertical Agreements under Serbian Law

Within the framework of Competition Law in Serbia, restrictive agreements are generally classified as horizontal agreements, concluded between actual or potential competitors, and vertical agreements, concluded between undertakings operating at different levels of the supply chain. The Law on Protection of Competition prohibits agreements, concerted practices, and decisions of associations of undertakings that have as their object or effect the significant restriction, distortion, or prevention of competition in the Serbian market. The assessment of such arrangements under Competition Law in Serbia focuses on their economic effect, market structure, and the degree to which they limit independent market conduct.

Hardcore Restrictions: Price Fixing and Market Sharing

Article 10 of the Law on Protection of Competition identifies certain categories of agreements as inherently restrictive and therefore prohibited and null and void under Competition Law in Serbia. These so-called hardcore restrictions include price fixing, market sharing, output limitation, and coordinated conduct that removes or substantially reduces competitive pressure between undertakings.

Price fixing is treated as one of the most serious infringements under Competition Law in Serbia, covering not only the direct agreement on fixed or minimum prices but also indirect mechanisms such as price ranges, coordinated discount policies, and certain forms of price recommendations that effectively restrict pricing autonomy. Particular regulatory attention is given to resale price maintenance, which may constitute a serious competition violation where distributors are prevented from independently determining resale prices.

Market sharing arrangements are subject to equally strict scrutiny. Agreements allocating sales territories, customer groups, or market segments, as well as arrangements restricting competitive entry into certain geographic areas or product markets, are typically considered restrictive by object. Additionally, the exchange of commercially sensitive information between competitors, including data concerning pricing policies, sales volumes, market shares, or future commercial strategies, may be treated as prohibited coordination where such exchanges reduce market uncertainty and facilitate collusive behaviour.

Selective Distribution and Exclusive Agreements

Vertical distribution systems are assessed under Competition Law in Serbia through a structured analysis balancing legitimate commercial organisation with the preservation of effective competition. Selective distribution systems may be permissible where objective qualitative selection criteria are applied and where the market share of each participating undertaking remains below the applicable exemption threshold. Serbian competition practice places particular emphasis on ensuring that distribution systems do not unduly restrict parallel trade or limit emerging sales channels, including online distribution.

Exclusive distribution arrangements are also recognised under Competition Law in Serbia, subject to compliance with market share thresholds and the absence of hardcore restrictions. The regulatory framework increasingly reflects developments in EU competition practice, including the introduction of shared exclusivity concepts and regulatory recognition of distribution models where suppliers operate outside selective or exclusive distribution structures. These developments demonstrate a gradual alignment of Serbian competition policy with contemporary European distribution standards.

Exemptions under Vertical and Specialization Regulations

Although restrictive agreements are generally prohibited, Competition Law in Serbia provides several mechanisms allowing certain agreements to benefit from exemption where they produce sufficient economic efficiencies. Exemptions may apply to agreements of minor importance, agreements covered by block exemption regulations, individually exempted agreements, or agreements falling outside the scope of competition restrictions.

Block exemption regulations play a significant role in providing legal certainty, particularly in the area of vertical agreements, technology transfer, and sector-specific cooperation. Serbian authorities continue to harmonise exemption rules with EU standards, including ongoing efforts to adjust market share thresholds and refine sectoral regulations. Agreements exceeding block exemption thresholds may still qualify for individual exemption if they demonstrably contribute to improving production or distribution, promoting technical or economic progress, and allowing consumers a fair share of resulting benefits, provided that the restrictions imposed are proportionate and indispensable.

Companies entering distribution or cooperation arrangements within Serbia should therefore conduct a structured competition assessment at an early stage, as compliance with exemption criteria represents a key element of risk management under Competition Law in Serbia.

Competition Law in Serbia

Abuse of Dominant Position: Legal Tests and Examples

Competition Law in Serbia expressly prohibits the abuse of a dominant market position as regulated under Article 16 of the Law on Protection of Competition. Dominance itself is not prohibited; however, undertakings holding substantial market power bear a special responsibility not to distort competition through practices that exclude competitors, restrict market access, or exploit customers. The assessment of dominance under Competition Law in Serbia involves analysing market share, barriers to entry, countervailing buyer power, control over essential infrastructure, and the overall structure of the relevant market.

Unfair Pricing and Limiting Market Access

Among the most significant forms of abuse recognised under Competition Law in Serbia are unfair pricing practices and conduct that restricts market access. The law prohibits dominant undertakings from directly or indirectly imposing unfair purchase or selling prices or imposing unjustified trading conditions. These restrictions cover both exploitative conduct directed toward customers and exclusionary practices aimed at eliminating competitors.

Excessive pricing may arise where a dominant undertaking maintains prices significantly above competitive levels over a sustained period without objective justification. Conversely, predatory pricing involves selling goods or services below cost with the intention of excluding competitors from the market. Under Serbian competition practice, sales below average variable costs are generally presumed abusive, while pricing below average total costs may also be considered abusive where supported by evidence of exclusionary intent. In addition to pricing conduct, dominant undertakings are prohibited from limiting production, restricting technical development, or otherwise preventing market expansion where such behaviour results in competitive foreclosure.

Tying and Bundling Practices

Competition Law in Serbia also addresses tying and bundling arrangements where dominant undertakings condition the sale of one product or service on the purchase of another unrelated product or service. Such conduct may restrict consumer choice and foreclose competitors operating in adjacent markets. The law specifically prohibits conditioning contractual relationships on the acceptance of supplementary obligations that are unrelated to the subject matter of the agreement or are not justified by commercial practice.

Bundling practices, where undertakings offer multiple products or services together under combined pricing conditions, are assessed in a similar manner. The primary legal concern is whether such arrangements strengthen or extend market dominance by limiting competitors’ ability to offer individual products or by discouraging customers from switching suppliers. Enforcement practice under Competition Law in Serbia increasingly reflects the analytical framework developed within EU competition jurisprudence, particularly in cases involving complex digital or technology markets.

Recent CPC Decisions on Abuse Cases

The Commission for Protection of Competition actively monitors and sanctions abuses of dominant position, treating such infringements as among the most serious violations of Competition Law in Serbia. Undertakings found to have abused market dominance may be subject to significant administrative fines, which may reach up to 10% of annual turnover generated within Serbia, together with behavioural or structural corrective measures.

Serbian enforcement practice demonstrates that abuse cases frequently arise in markets characterised by control over essential infrastructure or public utility services. The Commission has sanctioned undertakings holding exclusive control over transport infrastructure, funeral services, and other essential service sectors where unjustified pricing or discriminatory access conditions were identified. Enforcement activity has also expanded into digital platform markets, reflecting the evolving scope of Competition Law in Serbia and its increasing focus on technology-driven business models and network-based market dominance.

These developments highlight the importance for dominant undertakings operating in Serbia to implement internal compliance mechanisms, carefully monitor pricing strategies, and assess distribution and contractual arrangements to ensure alignment with regulatory expectations under Competition Law in Serbia.

Merger Control and Notification Thresholds

Merger control represents a core component of Competition Law in Serbia, requiring undertakings to notify the Commission for Protection of Competition of transactions that may affect market structure. The Serbian merger control regime applies to acquisitions of control, full-function joint ventures, and other structural transactions that result in lasting changes in market control. Compliance with notification requirements is a critical element of transactional planning, particularly for cross-border transactions involving Serbian market activities.

EUR 100M Global and EUR 10M Serbian Turnover Rule

Competition Law in Serbia establishes two alternative turnover thresholds triggering mandatory merger notification. The first threshold applies where the combined worldwide turnover of all parties to the transaction exceeds EUR 100 million in the preceding financial year, provided that at least one party generated turnover exceeding EUR 10 million in Serbia during the same period.

The second threshold applies where the combined turnover of at least two transaction participants generated within Serbia exceeds EUR 20 million, provided that each of at least two parties generated Serbian turnover exceeding EUR 1 million in the preceding financial year. These thresholds apply irrespective of whether the transaction involves domestic or foreign undertakings, provided that the economic criteria are satisfied.

A specific feature of Competition Law in Serbia concerns acquisitions of control over Serbian joint stock companies through public takeover bids. In such cases, notification obligations may arise irrespective of turnover thresholds, reflecting the legislator’s intention to subject public market transactions to enhanced regulatory supervision.

The law requires that merger notifications be submitted within 15 days from the earliest occurrence of legally relevant triggering events, including execution of transaction agreements, publication of a public bid, or acquisition of control. Serbian merger control practice also permits pre-signing notifications based on letters of intent or memoranda of understanding where parties demonstrate a genuine intention to complete the transaction.

Phase I vs Phase II Review Timelines

The review procedure under Competition Law in Serbia is divided into summary clearance proceedings (Phase I) and in-depth investigation proceedings (Phase II). Upon receiving a complete notification, the Commission must decide within one month whether to grant clearance in Phase I or initiate Phase II proceedings where competition concerns require detailed market analysis. Failure of the Commission to issue a decision within this period results in deemed approval of the transaction.

Where Phase II proceedings are initiated, the Commission must issue a final decision within four months from the formal commencement of the investigation. The Commission may approve the concentration unconditionally, impose behavioural or structural remedies, or prohibit the transaction where significant competition concerns cannot be adequately resolved. These procedural timelines provide legal predictability and reflect the balancing of enforcement effectiveness with transactional certainty under Competition Law in Serbia.

Foreign-to-Foreign Transactions and Local Effects Test

A distinctive feature of merger control under Competition Law in Serbia is the broad application of notification obligations to foreign-to-foreign transactions. Transactions between non-Serbian undertakings must be notified where statutory turnover thresholds are met, regardless of whether the transaction has a direct or substantial competitive impact within Serbia.

Serbian regulatory practice does not formally recognise a domestic effects doctrine that would exempt transactions with limited local market impact. Consequently, meeting statutory turnover thresholds alone is generally sufficient to trigger notification requirements. This approach reflects a precautionary regulatory model aimed at ensuring comprehensive oversight of market structural changes.

While enforcement practice has historically demonstrated a degree of flexibility in cases involving minimal Serbian market nexus, recent regulatory trends indicate increasing scrutiny and stricter enforcement of notification obligations. Accordingly, undertakings involved in international transactions are advised to conduct early merger control assessments to ensure compliance with filing requirements and to mitigate potential penalties under Competition Law in Serbia.

Leniency Program and Compliance Incentives

The leniency regime represents a key enforcement mechanism within Competition Law in Serbia, designed to encourage participants in restrictive agreements to disclose cartel conduct and cooperate with regulatory authorities. Introduced through the Law on Protection of Competition, the leniency programme enables undertakings involved in anti-competitive arrangements to obtain immunity or reductions in administrative fines in exchange for voluntary disclosure and cooperation with the Commission for Protection of Competition. The programme serves both as an investigative tool and as an incentive for undertakings to strengthen internal compliance systems aimed at early detection of competition risks.

Article 69 Leniency Conditions

Article 69 of the Law on Protection of Competition establishes the legal framework for immunity from fines under Competition Law in Serbia. Full immunity may be granted to an undertaking that is the first to submit evidence enabling the Commission to initiate or substantiate proceedings concerning a prohibited restrictive agreement. To qualify for immunity, the applicant must provide comprehensive and credible evidence, immediately cease participation in the unlawful conduct, and maintain continuous and effective cooperation throughout the administrative procedure. Immunity is generally unavailable to undertakings that initiated or organised the restrictive arrangement.

The Commission maintains formal communication channels and procedural guidelines facilitating the submission of leniency applications, reflecting the increasing institutional importance of self-reporting mechanisms within Competition Law in Serbia.

Partial vs Full Immunity Criteria

Where full immunity is not available, Competition Law in Serbia provides a structured system of fine reductions for undertakings that subsequently cooperate with the Commission. The reduction level depends on the timing and evidentiary value of the submitted information. The first cooperating applicant may receive a significant reduction in administrative penalties, with progressively lower reductions available for subsequent applicants providing additional evidence of cartel conduct.

These reductions apply primarily to administrative fines imposed under competition law. Although Serbian legislation recognises certain criminal liability risks for individuals involved in cartel conduct, criminal leniency protections remain more limited and typically depend on full immunity being granted to the undertaking involved.

First Case of Fine Reduction Based on Post-Initiation Cooperation

Enforcement practice under Competition Law in Serbia has gradually expanded the practical application of leniency mechanisms, including cases involving cooperation after formal investigations have commenced. Recent regulatory decisions demonstrate the Commission’s willingness to apply partial leniency where undertakings provide substantial evidentiary support contributing to the establishment of competition infringements.

While the leniency programme historically experienced limited utilisation, regulatory authorities have increased advocacy efforts and issued detailed procedural guidance to encourage broader corporate participation. The continued development of the leniency framework reflects Serbia’s alignment with EU enforcement practice and highlights the growing importance of internal competition compliance programmes, whistleblowing mechanisms, and early legal risk assessments for undertakings operating under Competition Law in Serbia.

Competition Law in Serbia

Private Enforcement and Civil Damages Claims

The Serbian legal framework for civil enforcement under Competition Law in Serbia is primarily structured as a follow-on regime. In most cases, civil courts address damages claims only after the Commission for Protection of Competition has issued a final decision establishing a competition infringement. This approach promotes legal certainty and consistency in the application of competition rules while reducing the evidentiary burden placed on claimants.

Although standalone damages actions are not expressly prohibited, Serbian legislation provides limited procedural guidance for such claims. In practice, claimants pursuing standalone actions must independently establish the existence of anti-competitive conduct, damage, and causal connection between the infringement and the alleged harm. Given the complexity of competition law assessments, standalone litigation remains uncommon and presents significant procedural challenges under Competition Law in Serbia.

Follow-On vs Standalone Claims

Article 69 of the Law on Protection of Competition establishes the legal framework for immunity from fines under Competition Law in Serbia. Full immunity may be granted to an undertaking that is the first to submit evidence enabling the Commission to initiate or substantiate proceedings concerning a prohibited restrictive agreement. To qualify for immunity, the applicant must provide comprehensive and credible evidence, immediately cease participation in the unlawful conduct, and maintain continuous and effective cooperation throughout the administrative procedure. Immunity is generally unavailable to undertakings that initiated or organised the restrictive arrangement.

The Commission maintains formal communication channels and procedural guidelines facilitating the submission of leniency applications, reflecting the increasing institutional importance of self-reporting mechanisms within Competition Law in Serbia.

Burden of Proof and Role of Expert Evidence

Civil proceedings involving competition damages are governed by general litigation rules, including the principle of free evaluation of evidence. Under Competition Law in Serbia, the burden of proof rests with the party asserting the claim, requiring claimants to demonstrate unlawful conduct, quantifiable damage, and causal relationship. Defendants, in turn, bear the burden of substantiating any defences or mitigating circumstances.

Expert economic analysis plays a central role in private competition litigation, particularly in the assessment of market effects, pricing structures, and damage quantification. Serbian procedural law expressly recognises expert evidence as a primary evidentiary tool, reflecting the technical complexity typically associated with claims arising under Competition Law in Serbia.

Limitations on Collective Actions in Serbia

Collective redress mechanisms under Competition Law in Serbia remain restricted. Serbian law does not provide for traditional class action proceedings, and constitutional jurisprudence has limited the availability of collective litigation. Consumer organisations may initiate certain collective proceedings where multiple consumers are affected by the same conduct; however, such mechanisms remain administratively structured and comparatively narrow in scope. These limitations, combined with evidentiary challenges and litigation costs, continue to represent significant barriers to broader private enforcement.

Conclusion

Competition Law in Serbia has developed into a comprehensive regulatory framework designed to safeguard fair competition, protect market participants, and align domestic legislation with European Union competition standards. The Serbian competition regime combines constitutional guarantees of market equality with detailed statutory rules governing restrictive agreements, abuse of dominant position, and merger control.

The Commission for Protection of Competition plays a central role in enforcing Competition Law in Serbia, exercising extensive investigative powers, imposing administrative sanctions, and supervising structural market changes through merger control proceedings. Serbian regulations provide detailed rules governing horizontal and vertical agreements, while maintaining strict prohibition of hardcore restrictions such as price fixing, market allocation, and coordinated anti-competitive conduct.

Dominant undertakings operating within Serbia remain subject to enhanced regulatory scrutiny, particularly in relation to pricing policies, market access restrictions, and distribution practices. The merger control framework imposes mandatory notification obligations for transactions meeting prescribed turnover thresholds, including certain foreign-to-foreign transactions, thereby requiring early regulatory risk assessment during corporate structuring and acquisition planning.

Enforcement mechanisms under Competition Law in Serbia include significant administrative penalties, behavioural and structural remedies, and transparency obligations through the publication of regulatory decisions. The leniency programme further strengthens cartel detection mechanisms by encouraging voluntary disclosure and cooperation with regulatory authorities.

Although private enforcement remains less developed, statutory provisions enabling civil damages claims continue to support the broader enforcement ecosystem. As Serbia advances toward further alignment with EU competition standards, regulatory expectations and enforcement intensity are likely to continue increasing.

Businesses operating or investing in Serbia should therefore implement comprehensive competition compliance frameworks, conduct regular internal risk assessments, and ensure early legal involvement in strategic commercial and transactional decision-making. Effective compliance with Competition Law in Serbia represents not only a regulatory obligation but also a key element of sustainable market participation and long-term commercial stability.

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