In its recent controversial decision, the Croatian
Constitutional Court potentially reduced procedural powers of the
Croatian Competition Agency ("CCA") to a
significant degree, holding it to a much higher standard of proof
when proving the existence of cartels.
In 2013, six of the largest personal protection and security
service providers in Croatia held a private meeting to discuss
several issues, including the establishment of a minimum cost of
their services, setting it at HRK 32.50 (EUR 4) per hour. The
meeting was featured in a magazine article. Soon after the article
was published, the CCA commenced proceedings and found that the
undertakings that attended the meeting had entered into a cartel
agreement by fixing the costs of their services. The CCA found that
several of the undertakings subsequently proceeded to quote the
hourly rate of HRK 32.50 (EUR 4) in several tenders. The security
companies appealed to the High Administrative Court of Croatia,
which
