Global Competition Law is primarly a practitioner's guide presenting the most salient aspects of the major competition laws country by country, giving an overview of their structure and most charasteristic elements.
Global Competition Law also provides insight into possible future developments in the field.

Global Competition Law

Under Article 9 on prohibited agreements, the CCA, after establishing the offense, may determine the terms and measures for the removal of adverse effects of the prohibited agreement. Pursuant to Article 14 on abuse of a dominant position, the Agency may immediately order the cessation of any abusive practices adopted by the undertaking and impose the measures and conditions for the removal of adv …

Cease and desist orders

Under Article 9 on prohibited agreements, the CCA, after establishing the offense, may determine the terms and measures for the removal of adverse effects of the prohibited agreement. Pursuant to Article 14 on abuse of a dominant position, the Agency may immediately order the cessation of any abusive practices adopted by the undertaking and impose the measures and conditions for the removal of adverse effects of such practices. In the case of abuse, the Agency may also impose structural and/or behavioral remedies, with a clear preference shown for the latter.

Articles 61 and 62 of the Act distinguish between severe infringements and less severe infringements. Severe infringements include concluding a prohibited agreement or abusing a dominant position. Offenders incur a fine not exceeding 10% of their total turnover in the last year for which financial statements have been completed.

Less severe infringements include failing to act in compliance with the Agency's requests for information in the course of investigation proceedings and opposing the inspections ordered by the Administrative Court.

Finally, the CCA can impose a fine ranging from HRK 10,000 (EUR 1,327) to HRK 100,000 (EUR 13,278) to undertakings not party to the proceedings but failing to comply with information requests made during the investigation.

Article 64 and the Regulation on the method of setting fines (OG 129/2010) set a method for determining the amount of fines very similar to the EU's own method.

Fines

Croatia had no leniency program before its 2009 Competition Act. Now, Article 65 provides that the CCA may grant immunity from fines to a cartel member who is the first to come forward and inform the Agency on the existence of a cartel, supplying evidence which will enable the Agency to initiate proceedings in connection with the alleged cartel, or to the first cartel member who submits information and evidence which will enable the Agency to find an infringement in connection with the alleged cartel in previously initiated proceedings where the Agency had no sufficient evidence to adopt a decision, i.e. to detect the existence of a cartel. However, immunity from fine may not be granted to the undertaking which was the originator or instigator of the cartel.

  Undertakings which disclose their participation in a cartel without meeting the conditions for immunity may be eligible to benefit from a reduction of the fine, if they provide the CCA with evidence which represents significant added value with respect to the evidence already in the Agency's possession and which substantially contribute to the closure of the proceeding concerned.

  The criteria for the immunity from and reduction of fines were further developed in line with the criteria arising from the application of competition rules in the EU by the Regulation on immunity from fines and reduction of fines (OG 129/2010).

The Revised Competition Act 2021 introduces several changes. First of all, the law has defined the most commonly used terms, notably “leniency program” and “leniency statement” (Article 2). The reform also developed “access to leniency strategies and settlement proposals” (Article 47). This new legal tool allows the CCA to grant access to leniency applicants' leniency statements or settlement submissions only to parties to the relevant proceedings and only for the purpose of exercising their rights of defense. 

Applicants for immunity from fines under the leniency program will not be fined in the administrative proceedings and administrative litigation, while the decision regarding criminal prosecution of these individuals will be made by the Attorney General. 

Global Competition Law

99. Cease and desist orders

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Les notions juridiques connexes

99. Cease and desist orders

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise