Croatia (July 15, 2003)

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Score = 20

Governed by: The Competition Act of 15 July 2003 [1] (hereinafter referred to as “Competition Act”).

Category Subcategory Score Comment
Scope Extraterritoriality 1 Article 2 says that the Act will apply to all actions that have an effect in Croatia.
Remedies Fines 1 Articles 61-63 give some fining guidelines.
Prison Sentences 0
Divestitures 1 Article 28 allows divestiture of improper mergers
Private Enforcement 3rd Party Initiation 1 Article 42 outlines the procedure for 3rd party initiation of a claim.
Remedies Available to 3rd Parties 0
3rd Party Rights in Proceedings 1 Article 40 says that in certain cases when 3rd parties have a considerable interest in the outcome of the investigation, the Agency may name them as parties and they will receive all the rights parties generally receive over the course of the investigation and hearings.
Merger Notification Voluntary 0
Mandatory 3 Article 22(1) requires notification of mergers.
Pre-merger 2 Article 22(2) says that notification must occur within 8 days of the conclusion of the contract or announcement of the merger.
Post-merger 0
Merger Assessment Dominance 1 Article 18 bans mergers that will create or strengthen a dominant position.
Restriction of Competition 1 Article 18 bans mergers that will significantly restrict or distort competition.
Public Interest (Pro D) 1 Article 25(2)(3) lists as a factor in merger assessment, the effect relating to consumer benefits.
Public Interest (Pro Authority) 0
Other 0
Efficiency 1 Article 18; Article 25(2)(3) lists the effects on the market relating to efficiency such as lowering of prices and distribution and transportation costs across the market as factors to use in merger assessment.
Dominance Limits Access 1 Article 16(2)(2) lists limiting production, markets, or development as abusive acts.
Abusive Acts 1 Article 16(1) prohibits abusive acts by dominant undertakings.
Price Setting 1 Article 16(2)(1) lists price setting as an abusive act.
Discriminatory Pricing 1 Article 16(2)(3) lists applying dissimilar conditions to equivalent transactions as an example of an abusive act.
Resale Price Maintenance 0
Obstacles to Entry 0
Efficiency Defense 0
Restrictive Trade Practices Price Fixing 1 Article 9(1)(1) prohibits price fixing.
Tying 1 Article 9(1)(5) prohibits tying arrangements.
Market Division 0
Output Restraint 1 Article 9(1)(2) prohibits limiting or controlling production.
Market Sharing 1 Article 9(1)(3) prohibits market sharing.
Eliminating Competitors 1 Article 10(2)(2) specifies that agreements that afford undertakings a possibility of eliminating competition are exempt from any of the exceptions to the Article 9 prohibitions.
Collusive Tendering/Bid-Rigging 0
Supply Refusal 0
Efficiency Defense 1 Article 10(1) allows certain agreements that promote progress or improve production.

References

  1. The 2003 Act is essentially a rewrite of the many times amended 1995 Law on Protection of Market Competition (“LPMC”). The LPMC had been continuously updated to conform to EC regulations and in 2003 the Competition Agency rewrote the Act so it was clear that it was meant to be parallel to the EC guidelines. For the purpose of this report there were no substantive changes (although the location of each Article has changed) and the changes between the two reports relate to the organization of the Competition Agency as well as different guidelines for fining. http://www.aztn.hr/eng/pdf/zakon/zztn.pdf