To Fine Or Not To Fine?

The Croatian Competition Agency is still reluctant to impose fines. Is one undertaking's joy another undertaking's sorrow?

Developments in the fining policy

The introduction of the new Competition Act in 2010 (Act) provided the Croatian Competition Agency (Agency) with long-expected tools to enforce competition rules more efficiently. The Agency was empowered to impose fines for anti-trust infringements directly without initiating misdemeanour proceedings as before. The current enforcement powers are fully harmonised with EU enforcement rules. It was therefore expected that the Agency would enthusiastically use its new powers. However, in prosecuting cartel agreements, Croatia is far from matching the track record of competition authorities of other EU member states.