1 Legal framework

1.1 Which laws regulate competition in your jurisdiction?

Competition in Croatia is mainly regulated by:

  • the Competition Act, which entered into force on 1 October 2010;
  • the Act on Amendments to the Competition Act, which entered into force on 1 July 2013;
  • the Act on Amendments to the Competition Act, which entered into force on 24 April 2021; and
  • 11 ancillary provisions (regulations) necessary for their implementation. These regulations, adopted by the government at the proposal of the Competition Agency, are as follows:
    • the Regulation on the Definition of the Relevant Market (OG 9/2011);
    • the Regulation on the Block Exemption Granted to Certain Categories of Vertical Agreements (OG 37/2011);
    • the Regulation on the Block Exemption Granted to Certain Categories of Horizontal Agreements (OG 72/2011);
    • the Regulation on the Block Exemption Granted to Certain Categories of Technology Transfer Agreements (OG 9/2011);
    • the Regulation on the Block Exemption Granted to Agreements on Distribution and Servicing of Motor Vehicles (OG 37/2011);
    • the Regulation on the Block Exemption Granted to Agreements in the Transport Sector (OG 78/2011);
    • the Regulation on Agreements of Minor Importance (OG 9/2011);
    • the Regulation on Notification and Assessment of Concentrations (OG 38/2011);
    • the Regulation on the Method of Setting Fines (OG 129/2010, 23/2015);
    • the Regulation on Immunity from Fines and Reduction of Fines (OG 129/2010, 96/17).

In the application of Croatian competition law – and particularly in case of legal gaps or uncertainties relating to the interpretation of the law – the criteria of EU competition law will be applied. The EU acquis includes primary and secondary EU law, together with the case law of the General Court and the Court of Justice of the European Union.

Other sources of competition law in Croatia include:

  • the Procedures for Damages for Infringements of the Competition Law Provisions Act (OG 69/17); and
  • the Prohibition of Unfair Trading Practices in the Business-to-Business Food Supply Chain Act (OG 117/17, 52/21).

The General Administrative Procedural Act (OG 47/09, 110/21) also applies to proceedings before the Competition Agency; while the Administrative Disputes Act (OG 20/10, 143/12, 152/14, 94/16, 29/17, 110/21) sets out the procedure for judicial review of decisions of the Competition Agency before the High Administrative Court.

Other sources of competition law in Croatia include the provisions of sector-specific laws in industries where the Competition Act constitutes lex generalis, such as:

  • the Electronic Communications Act (OG 76/22);
  • the Media Act (OG 59/04, 84/11, 81/13);
  • the Electricity Market Act (OG 11/21);
  • the Gas Market Act (18/18, 23/20); and
  • the Heat Energy Market Act (OG 80/13, 14/14, 102/14, 95/15, 76/18, 86/19).

1.2 Which authorities are responsible for enforcing the competition legislation? What is their general approach to enforcement?

The Competition Agency is an autonomous and independent legal entity with public authority, which is responsible for protecting competition in all markets within the framework and competence established by:

  • the Competition Act;
  • Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU);
  • EU Regulation 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 TFEU; and
  • EU Regulation 139/2004 of 20 January 2004 on the control of concentrations between undertakings.

A party can challenge a decision of the Competition Agency before the High Administrative Court, which is competent to conduct judicial review of the work of the Competition Agency.

The commercial courts are competent to hear claims for damages based on infringements of competition law (Article 69a of the Competition Act).

2 Private claims

2.1 What types of private claim may be brought for breach of competition law in your jurisdiction?

The Competition Agency has exclusive competence for the enforcement of competition law in Croatia. The following entities can request the initiation of proceedings that fall under its remit (Article 37 of the Competition Act):

  • natural and legal persons;
  • professional associations and economic interest groups and associations of undertakings;
  • consumer associations;
  • the government;
  • central administration authorities; and
  • local and regional self-government units.

Anyone who has suffered damages as a result of a breach of competition law is entitled to claim damages.

2.2 What is the legal basis for bringing a claim for breach of competition law?

With regard to the enforcement of competition law, the Competition Act applies along with Articles 101 and 102 of the Treaty on the Functioning of the European Union and EU Regulation 139/2004 on the control of concentrations between undertakings.

Article 69a of the Competition Act and the Procedures for Damages for Infringements of the Competition Law Provisions Act apply to compensation claims for breach of competition law.

3 Parties

3.1 Who has standing to bring a claim for breach of competition law?

In competition law proceedings, the following entities have the status of parties to the proceedings:

  • the undertakings against which the proceedings have been brought by the Competition Agency; and
  • all undertakings that are party to the concentration (Article 36 of the Competition Act).

In proceedings concerning compensation for damages, the parties are:

  • anyone who has suffered damages as a result of a breach of competition law, on the side of the claimants; and
  • undertakings or associations of undertakings, on the side of the defendants.

3.2 Can a claim for breach of competition law be brought against parties outside the jurisdiction?

Croatian competition law applies to anyone that falls within the concept of an ‘undertaking' and that distorts competition within the territory of Croatia or outside the territory if the practice distorting competition has effects within the territory of Croatia (Articles 2 and 3 of the Competition Act).

3.3 Can a claim for breach of competition law be brought against individuals, or only companies?

Claims for breach of competition law can be brought against undertakings. ‘Undertakings' within the meaning of competition law include:

  • companies;
  • traders;
  • associations of undertakings, tradespeople, craftspeople and other legal and natural persons engaged in the production of and/or trade in goods and/or provision of services;
  • state authorities and local and regional self-government units that directly or indirectly participate in the market; and
  • all other natural or legal persons – such as associations, sports associations, institutions and IP rights holders – that are active in the market.

The definition of an ‘undertaking' is not affected by any of the following factors:

  • legal status;
  • the method of financing and the intent to make or the effect of making a profit;
  • the place of establishment or residence either within or outside Croatia; and
  • whether the activity in the market is performed directly or indirectly, permanently, temporarily or as a one-off operation in the market.

It also encompasses entities that:

  • are entrusted, pursuant to separate laws, with the operation of services of general economic interest;
  • have the character of a revenue-producing monopoly; and
  • are allowed, by special or exclusive rights granted to them, to undertake certain economic activities (Article 3 of the Competition Act).

4 Collective actions

4.1 Is it possible to bring a collective action for breach of competition law in your jurisdiction? If so, what is the applicable regime?

Collective action is regulated by the Civil Procedure Act (OG SFRJ 4/77, 36/77, 6/80, 36/80, 43/82, 69/82, 58/84, 74/87, 57/89, 20/90, 27/90, 35/91, and OG 53/91, 91/92, 58/93, 112/99, 88/01, 117/03, 88/05, 02/07, 84/08, 96/08, 123/08, 57/11, 148/11, 25/13, 89/14, 70/19, 80/22).

Associations, bodies, institutions and other organisations established in accordance with the law which, within their registered or regulated activities, deal with the protection of collective interests and rights of citizens established by law can – if such authorisation is explicitly recognised and under conditions prescribed by that law – file a lawsuit for the protection of collective interests and rights against a natural or legal person that, by performing a specific activity or in general through its work or conduct (including omissions), severely infringes or threatens such collective interests and rights.

However, Croatian competition law has no special provisions for collective action. Hence, at the moment, it does not seem possible to bring a collective action for breach of competition law.

4.2 Do collective actions proceed on an ‘opt-in' or an ‘opt-out' basis?

See question 4.1.

4.3 Do collective actions require certification? If so, what requirements must be met to obtain certification?

See question 4.1.

5 Forum

5.1 In what forum(s) are claims for breach of competition law heard in your jurisdiction?

The Competition Agency is competent to enforce the competition law in Croatia. A party can challenge a decision of the Competition Agency before the High Administrative Court.

Compensation claims for breach of competition law are heard by the commercial courts at first instance and the High Commercial Court at second instance.

In both cases, it is possible to request a revision of the lower court's decision before the Supreme Court. In parallel, it is possible to file a constitutional claim for infringement of human rights with the Constitutional Court.

6 Bringing a claim

6.1 What is the limitation period for claims for breach of competition law in your jurisdiction?

Proceedings investigating an infringement of national or EU competition law and proceedings imposing a fine for an infringement cannot be initiated once five years have elapsed since the date on which the infringement was committed. Any action taken by the Competition Agency to investigate the infringement will interrupt the limitation period, which then begins to run afresh. However, proceedings cannot be brought once a period equal to twice the prescribed limitation period has elapsed (Article 7 of the Competition Act).

In proceedings concerning compensation claims for breach of competition law, the limitation period is five years from:

  • the date on which the infringement ceases; and
  • the date on which the injured party knew or could have known of:
    • the infringement of competition law;
    • the damage caused; and
    • the person liable for damages.

If the Competition Agency commences proceedings to establish the existence of the infringement to which a compensation case refers, the limitation period is interrupted and begins to run afresh from the date on which the decision establishing the infringement becomes final or the date on which the proceedings are finally resolved. In any case, the limitation period for compensation ends 15 years after the date on which the infringement ceases (Article 12 of the Procedures for Damages for Infringements of the Competition Law Provisions Act).

6.2 What are the formal requirements for bringing a claim for breach of competition law?

A complainant can file a petition for the initiation of proceedings that fall within the scope of the Competition Agency. This petition – whether in the form of a request, a proposal, a notice or a complaint – must be submitted in writing and must contain:

  • the name and the seat of the legal person or the name, surname and
  • address of the natural person filing the petition;
  • relevant data based on which it may be clearly and undoubtedly established against whom the petition is being filed;
  • the facts of the case and the practice or circumstances which explain the petition; and
  • relevant data and documents and other evidence at the disposal of the person that is filing the petition substantiating the allegations (Article 37 of the Competition Act).

There are no specific provisions with regard to bringing a compensation claim for breach of competition law – thus, the Civil Procedure Act applies (Article 4 of the Procedures for Damages for Infringements of the Competition Law Provisions Act). The claim must contain the following:

  • a specific claim regarding the merits and incidental claims;
  • the facts on which the claim is based;
  • evidence to support these facts; and
  • other information which must be enclosed with every submission to the court. This information must:
    • be in writing;
    • be comprehensible; and
    • contain everything necessary for the claim to proceed.
  • In particular, the following should be specified:
    • the name of the court;
    • the name, occupation and permanent or temporary residence of the parties;
    • their legal representatives and agents, if any;
    • the subject matter of the dispute;
    • the contents of the statement; and
    • the submitter's signature (Article 186 in relation to Article 106 of the Civil Procedure Act).

6.3 What are the procedural and substantive requirements for bringing a claim for breach of competition law?

See question 6.2.

6.4 What are the implications if a public enforcement action in relation to the same behaviour is pending? Can a claim still be brought?

The Competition Agency has exclusive competence to enforce the competition law in Croatia.

The establishment of an infringement of competition law by decision of the enforcement authorities (ie, the Competition Agency and the High Administrative Court) in administrative proceedings constitutes irrefutable proof of the infringement in any subsequent compensation claim for breach of competition law (Article 11 of the Procedures for Damages for Infringements of the Competition Law Provisions Act).

6.5 How is jurisdiction over the claim determined?

The Competition Agency has exclusive competence to enforce the competition law in Croatia.

The commercial courts are competent to hear compensation claims for breach of competition law. Territorial jurisdiction is determined in accordance with the Civil Procedure Act. General territorial jurisdiction rests with the court in whose territory the respondent has its permanent residence. If the respondent does not have its permanent residence in Croatia, general territorial jurisdiction rests with the court in whose territory the respondent has its temporary residence (Article 47 of the Civil Procedure Act). In a dispute against a legal entity, the court in whose territory its registered head office is located has general territorial jurisdiction (Article 48 of the Civil Procedure Act). In disputes for damages, in addition to the court of general territorial jurisdiction, the court in whose territory the harmful action was performed or in whose territory the harmful consequence occurred will also have jurisdiction (Article 52 of the Civil Procedure Act).

6.6 How is the applicable law determined?

National competition law applies to the prevention, restriction or distortion of competition by undertakings:

  • within the Croatian territory; or
  • outside the Croatian territory if such practices have an effect within the Croatian territory (Article 2 of the Competition Act).

EU competition law applies to all forms of distortion of competition by undertakings that produce effects on trade between Croatia and EU member states, pursuant to:

  • Council Regulation (EC) 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (OJ L 1, 4 January 2003); and
  • the EU Merger Regulation (139/2004, OJ L 24, 29 January 2004) (Article 3 of the Competition Act).

6.7 Under what circumstances must security for costs be provided?

There is no general obligation to provide security for costs.

However, in cases concerning compensation claims for breach of competition law, where a party proposes evidence, the court may order that party to pay, in advance, the amount needed to cover the costs to be incurred in relation to the introduction of evidence (Article 153 of the Civil Procedure Act; Article 6, paragraph 7 of the Procedures for Damages for Infringements of the Competition Law Provisions Act).

6.8 Are interim remedies available in competition litigation? If so, how are they obtained?

In accordance with the Administrative Disputes Act, it is possible to file a request for the delayed effect of the claim (Article 26, paragraph 2 of the Administrative Disputes Act) and/or a request for interim measures (Article 47 of the Administrative Disputes Act) with the High Administrative Court along with the claim against the decision of the Competition Agency.

It is also possible to file a constitutional claim before exhaustion of legal remedies with the Constitutional Court (Article 63 of the Constitutional Act on the Constitutional Court of the Republic of Croatia, OG 99/99, 29/02, 49/02) where:

  • the court of justice did not decide within a reasonable time about the rights and obligations of the party; or
  • about the suspicion or accusation for a criminal offence; or
  • in cases when the disputed individual act grossly violates constitutional rights and it is completely clear that grave and irreparable consequences may arise for the applicant if Constitutional Court proceedings are not initiated.

7 Disclosure and privilege

7.1 What rules apply to disclosure in your jurisdiction? Do any exceptions apply?

Undertakings must comply with a request from the Competition Agency for the collection of evidence (Articles 40–45 of the Competition Act). Undertakings can present evidence and facts in their favour during the proceedings before the Competition Agency (Article 40, paragraph 3 and Article 48, paragraph 3 of the Competition Act). The claimant may not present new facts in a claim against the Competition Agency before the High Administrative Court; but it can present new evidence with regard to the facts that were presented during the proceedings before the Competition Agency (Article 68, paragraph 2 of the Competition Act).

In cases concerning compensation claims for breach of competition law, the general civil procedural rules apply. Thus, in the claim and the response to the claim, the parties must:

  • present all facts on which they ground their claims;
  • present the evidence necessary to establish the facts as presented; and
  • elaborate on the factual allegations and evidence offered by the opposing party.

Exceptionally, the parties can present facts and propose new evidence during the main trial if these could not be presented or proposed before the conclusion of the preparatory procedure without the fault of the parties (Article 299 of the Civil Procedure Act). The Procedures for Damages for Infringements of the Competition Law Provisions Act has special rules on the disclosure of evidence. Where a party requests a document or other evidence that is determined or that can be determined, and claims that this document or evidence is in the possession of or accessible to another party or third party, the court can call the relevant party to present the document or evidence. Before deciding on the disclosure of evidence, the court may call on the relevant party to discuss the allegations (Article 6 of the Procedures for Damages for Infringements of the Competition Law Provisions Act).

7.2 What rules on third-party disclosure apply in your jurisdiction?

For the purpose of the application of the Competition Act and Article 101 or 102 of the Treaty on the Functioning of the European Union, the Competition Agency is empowered to request, in writing, in the course of the preliminary investigation of the relevant market from the persons listed under Article 32 of the Competition Act, or after the initiation of the proceeding within the meaning of Article 39 of the Competition Act from the parties to the proceeding or other legal or natural persons, professional associations or economic interest groups or associations of undertakings, consumer associations, public administration authorities and local regional self-government units, that:

  • all necessary information be submitted in writing; or
  • they make written or oral statements, or otherwise make available all relevant data and documentation, electronic messages, recordings and all other objects containing information, irrespective of their form or the medium on which they are stored, and submit for examination the necessary data and documentation.

Where the data and documentation requested are covered by the obligation of secrecy, a party to the proceedings and other legal and natural persons can identify information that is considered confidential and provide necessary evidence thereof (Article 41 of the Competition Act).

In cases concerning compensation claims for a breach of competition law, where a party seeks disclosure of a document or other evidence that is determined or can be determined, and claims that this is in the possession of, or accessible to, another party or third party, the court can call that party to present the relevant document or evidence. Before deciding on the disclosure of evidence, the court may call on the other party to discuss such allegations (Article 6 of the Procedures for Damages for Infringements of the Competition Law Provisions Act).

7.3 What rules on privilege apply in your jurisdiction?

The conduct of a surprise inspection does not extend to correspondence, notices and other communications which are considered confidential information between the undertaking against which the proceeding is carried out and its attorney, who is obliged to keep their communications covered by the principle of professional secrecy pursuant to special rules (Article 45, paragraph 1 of the Competition Act).

8 Evidence

8.1 What types of evidence are permissible in your jurisdiction? Is expert evidence accepted?

‘Evidence' is everything from which, through sensory observation, knowledge can be drawn on the truth of the assertion about the existence or non-existence of facts that are the indirect object of proof.

The Civil Procedure Act explicitly recognises the following types of evidence:

  • on-site inspections;
  • documents;
  • witness testimony;
  • expert witness testimony;
  • the work of interpreters; and
  • the hearing of the parties to the proceedings.

Expert evidence is accepted and can be vital in proceedings for the enforcement of competition law and in compensation claims for breach of competition law.

8.2 What is the applicable standard of proof?

As a general rule, Croatia applies the system of free assessment of evidence – that is, a system in search of material truth (Article 8 of the Civil Procedure Act; Article 9 of the General Administrative Procedure Act). The competition legislation has no special provisions on the required standard of proof. However, the Competition Agency should follow the established standards of EU competition law. Thus, it must:

  • prove the infringements it has found; and
  • adduce evidence that is capable of demonstrating to the requisite legal standard the existence of the circumstances constituting an infringement.

The Competition Agency must produce firm, precise and consistent evidence. However, each piece of evidence produced by the agency need not satisfy these criteria in relation to every aspect of the infringement; it is sufficient if the body of evidence relied on by the agency, viewed as a whole, meets this requirement.

In cases concerning compensation claims for breach of competition law, general civil procedure rules apply.

8.3 On whom does the burden of proof rest?

The Competition Agency must prove the infringement of competition law (see Article 8.2). Undertakings that are parties to the agreement bear the burden of proving the conditions for an exemption from the competition rules on prohibited agreements (Article 8, paragraph 5 if the Competition Act).

In cases concerning compensation claims for breach of competition law, general civil procedure rules apply. The Procedures for Damages for Infringements of the Competition Law Provisions Act provides for certain assumptions – for example, it is assumed that the damage has occurred in case of an infringement of competition law in the form of a cartel, unless the defendant can prove otherwise (Article 5, paragraph 3 of the Procedures for Damages for Infringements of the Competition Law Provisions Act).

8.4 What defences are typically available in competition litigation?

Croatia, as a civil law jurisdiction, does not have a system of common law defences.

In proceedings before the Competition Agency, the party against which the proceedings have been initiated must provide its response to the Competition Agency's procedural order on the commencement of the proceedings (Article 40, paragraph 2 of the Competition Act). Thereafter, the parties to the proceedings can submit their written replies relating to the statement of objections and propose the hearing of additional witnesses and the introduction of evidence (Article 48, paragraphs 2 and 3 of the Competition Act). The party executes its right of defence in the oral hearing; whereas evidence is presented on the infringement of competition law and the criteria for the imposition of a fine or a periodic penalty payment (Article 52 of the Competition Act).

In cases concerning compensation claims for breach of competition law, the general civil procedure rules apply. In the answer to the complaint, the respondent may provide observations on the claims and allegations made in the complaint, and may propose evidence to support these observations. Along with the answer to the complaint, the respondent must enclose the documents to which it refers if possible (Article 285 of the Civil Procedure Act).

9 Settlement

9.1 Can the proceedings be discontinued without a full trial? If so, how; and what are the implications?

Following the initiation of proceedings in line with Article 39 of the Competition Act, and at the latest before receipt of the statement of objections referred to in Article 48 of the Competition Act, a party to the proceedings may offer commitments to the Competition Agency. The commitments undertaken will require it to meet certain conditions and obligations within a specified timeframe, in order to eliminate the negative effects on competition due to its actions or failure to act. The Competition Agency will, by means of a decision, accept and make the commitments in question binding on the undertaking concerned if the proposed conditions and obligations are thought sufficient to remove the competition concerns and restore effective competition within the specified timeframe. Within the meaning of Article 39 of the Competition Act, the Competition Agency may reopen the proceedings against the undertaking if:

  • there is a material change in any of the circumstances on which the decision on acceptance of commitments was based;
  • the undertakings do not comply with the undertaken commitments; or
  • the decision of the Competition Agency was based on incomplete, incorrect or misleading information provided by the parties.

Where the monitoring procedure with respect to the implementation of the commitments indicates that the undertaking concerned may be acting contrary to its commitments, such behaviour will constitute an infringement of the Competition Act or Article 101 or 102 of the Treaty on the Functioning of the European Union (TFEU). In such case the Competition Agency will issue a separate infringement decision imposing a fine for the infringement in line with the provisions of the Competition Act (Article 49 of the Competition Act).

Also, a party to proceedings in which the Competition Agency investigates the conclusion of a prohibited horizontal agreement – that is, a cartel or a secret cartel within the meaning of Article 8 of the Competition Act and/or Article 101 TFEU – can present a settlement submission in writing within 30 days of receipt of the statement of objections. Under the settlement submission, the party to the proceeding admits fully and voluntarily to participation in an infringement of Article 8 of the Competition Act and/or Article 101 TFEU, and presents in writing its acknowledgement of, or its renunciation of dispute against, the agency's finding of infringement. If the Competition Agency decides to accept the settlement submission, it will reduce the fine by 10% to 20% of the total amount that would otherwise be imposed on the party concerned. A decision on a settlement submission will be taken by the Competition Agency only in relation to those parties to the proceedings that have presented the relevant settlement submission. The settlement submission does not exclude the application of the leniency programme set out in the Competition Act.

If the Competition Agency rejects the settlement submission, it will inform the relevant party in writing. The party's statement on the settlement submission cannot be taken by the agency as the sole proof of an infringement of Article 8 of the Competition Act and/or Article 101 TFEU.

In compensation claims for breach of competition law, it is possible to end the case with a trial. If an injured party agrees on a claim with one or more parties that are liable for damages, the amount for which those parties are liable will be deducted from the total amount of damages that the injured party has the right to claim. The rest of the claim can only be sought from the parties outside the settlement (an exception is when the parties outside the settlement do not have sufficient funds to cover the damages; however, this exception can be accounted for within the settlement) (Article 18 of the Procedures for Damages for Infringements of the Competition Law Provisions Act).

9.2 In the case of collective actions, is collective settlement possible? If so, how; and what are the implications?

Not applicable.

10 Court proceedings

10.1 Are court proceedings in your jurisdiction public or private? If the former, are any options available to the parties to keep the proceedings or related information confidential?

Proceedings are generally public. However, in infringement proceedings conducted by the Competition Agency, the public is generally excluded from oral hearings (Article 50 of the Competition Act). Also, a surprise inspection does not extend to correspondence, notices and other communications which are considered confidential information between the undertaking against which the proceedings are being carried out and its attorney, who is obliged to keep their communications covered by the principle of professional secrecy pursuant to special rules (Article 45 of the Competition Act).

In proceedings before the High Administrative Court, trials are generally public. If required to protect the privacy of the parties or the confidentiality of the information, or for other legally prescribed reasons, the court can exclude the public from the whole trial or part thereof (Article 38 of the Administrative Disputes Act). Also, parties can be refused information on, or the possibility to view, certain classified files (Article 53 of the Administrative Disputes Act).

For cases concerning compensation claims for breach of competition law, in accordance with the Civil Procedure Act, trials are generally public (Articles 4 and 306 of the Civil Procedure Act). However, it is possible to exclude the public from the whole trial or part thereof if this is required:

  • in the interests of morality, public order or state security;
  • to guard military, official or business secrets; or
  • to protect the private life of the parties.

Nonetheless, this is possible only to the extent that it is unconditionally necessary, in the court's opinion, in order to protect the interests of justice (Article 307 of the Civil Procedure Act).

The Procedures for Damages for Infringements of the Competition Law Provisions Act also has specific provisions on the protection of confidential information. Thus, the court can order the disclosure of proofs that contain confidential information only where it considers that they are relevant to the proceedings. Also, where a third party is ordered to disclose proofs or authority at the request of a party, the court can ex officio, in order to protect the confidential information of a party or a third party:

  • exclude the public from the proceedings or part thereof;
  • order that documentation containing the relevant information cannot be copied and can only be viewed at the court;
  • order that documentation containing the relevant information be sealed in a special envelope that can be opened only at the court, after which it will be resealed in the special envelope and the envelope will be marked to indicate the date on which the document was accessed and who accessed it; and
  • before allowing access to documentation containing confidential information, warn all parties with the right to access it of their obligation to preserve the confidentiality of that information on the basis of relevant legislation. The person accessing the documentation must sign a statement before the court confirming that it has been informed of its obligation to preserve the confidentiality of the facts (Article 7 of the Procedures for Damages for Infringements of the Competition Law Provisions Act).

10.2 How do the court proceedings unfold in your jurisdiction?

Decisions of the Competition Agency establishing an infringement of competition law are rarely overturned by the courts.

There is also very little case law on compensation claims for breach of competition law.

10.3 What is the typical timeframe for proceedings?

This varies significantly from case to case, so it is not possible to indicate an exact timeframe.

10.4 What rules apply to the joinder of third parties?

Third parties cannot have the status of a party to the proceedings. However, a third party which claims that its rights or legal interests will be affected by Competition Agency proceedings may request, in writing, the same procedural rights as are enjoyed by the party on whose initiative the proceedings have been initiated, provided that its legal interest is proved legitimate (Article 36, paragraph 3 of the Competition Act).

10.5 To what extent do the decisions of national or foreign competition authorities influence the court's decision?

With regard to the enforcement of competition law, the High Administrative Court has judicial control over decisions of the Competition Agency. In such proceedings, national authorities are influenced by the case law of the Court of Justice of the European Union.

In cases concerning compensation claims for breach of competition law, an infringement of competition law established by an administrative decision of the enforcement authorities (ie, the Competition Agency and the High Administrative Court) constitutes irrefutable proof of the infringement (Article 11 of the Procedures for Damages for Infringements of the Competition Law Provisions Act).

11 Remedies

11.1 What remedies are available in competition litigation in your jurisdiction?

For compensation of damages, an injured party can file a lawsuit with the commercial court in accordance with Article 69(a) of the Competition Act and the Procedures for Damages for Infringements of the Competition Law Provisions Act.

11.2 Are punitive damages awarded in your jurisdiction?

The injured party is entitled to:

  • full compensation for material damages;
  • a determination of non-material damages caused by the infringement; and
  • default interest (Article 5 of the Procedures for Damages for Infringements of the Competition Law Provisions Act).

11.3 Will the courts consider any fines imposed by the competition authorities in deciding on the quantum of damages? What other factors will it consider in this regard?

If the court finds that a party is entitled to compensation for damages but that, based on the available evidence, the damage cannot be quantified or can be quantified only with disproportionate difficulty, the court will quantify the damages through a free assessment of the evidence. The court can also request expert help from the Competition Agency in this regard (Article 17 of the Procedures for Damages for Infringements of the Competition Law Provisions Act).

12 Appeals

12.1 Can the decision of the court or tribunal be appealed? If so, on what grounds and what is the process?

A decision of the Competition Agency cannot be appealed; but a party can file a complaint for an administrative dispute at the High Administrative Court within 30 days of receipt of the decision. The claim will be decided by a panel of three judges, who will consider:

  • whether substantive provisions of competition law have been misapplied or erroneously applied;
  • whether there have been manifest errors in the application of procedural provisions;
  • whether the facts of the case are incorrect or incomplete;
  • whether a fine was inappropriate; and
  • other issues relating to the agency's decision (Article 67 of the Competition Act).

The Administrative Disputes Act applies to the judicial review of decisions of the Competition Agency before the High Administrative Court.

Decisions of the commercial courts in cases concerning compensation claims for breach of competition law can be appealed to the High Commercial Court.

13 Costs, fees and funding

13.1 What costs and fees are incurred when litigating in your jurisdiction? Can the winning party recover its costs?

In litigation, administrative fees and attorneys' fees are payable. In accordance with the Civil Procedure Act, the general rule is that the winning party recovers its costs (Articles 151–167 of the Civil Procedure Act).

13.2 Are contingency fees and similar arrangements permitted in your jurisdiction?

Contingency fees are permitted. In accordance with Point 39, paragraph 3 of the Tariff on Awards and Compensation of Costs for the Work of Attorneys (OG 142/12, 103/14, 118/14, 107/15, 37/22), in civil law matters, attorneys can agree in writing with the client that they will be compensated in proportion to their success in the proceedings. The maximum permitted percentage is 30%.

13.3 Is third-party funding permitted in your jurisdiction?

Third-party funding is not regulated under Croatian administrative or civil procedure law.

14 Trends and predictions

14.1 How would you describe the current competition litigation landscape and prevailing trends in your jurisdiction? Are any new developments anticipated in the next 12 months, including any proposed legislative reforms?

In 2021, the Croatian competition regime was amended. The Act on Amendments to the Competition Act introduced significant changes to harmonise the regime with the ECN+ Directive; there was also a need for some fine tuning regarding certain provisions to resolve possible doubts in their interpretation. The Prohibition of Unfair Trading Practices in the Business-to-Business Food Supply Chain Act was also amended to comply with the acquis communautaire.

In 2021, the Competition Agency decided 724 cases in the area of competition and unfair trading practices. However, the High Administrative Court issued just six judgments in relation to Competition Agency decisions, all of which upheld the agency's decisions and rejected the applicants' claims. Another 16 cases were heard relating to the control of concentrations between undertakings and almost 40 different relevant markets were investigated. There were no prohibited concentrations and no cases heard relied on arguments relating to the COVID-19 crisis (for further details please see the Organisation for Economic Co-operation and Development's Annual Report on Competition Policy Developments in Croatia 2021, JT03495860, 23 May 2022, https://one.oecd.org/document/DAF/COMP/AR(2022)43/en/pdf).

The Competition Agency has continued its activities in 2022. Some of its decisions have been challenged before the High Administrative Court and a constitutional claim for infringement of human rights has been brought before the Constitutional Court.

With regard to claims for compensation of damages in accordance with the Procedures for Damages for Infringements of the Competition Law Provisions Act, the case law remains scarce and discussion is ongoing on how best to promote the wider application of this instrument.

It is expected that Croatian competition law will continue to develop and will follow the trends of EU competition law.

15 Tips and traps

15.1 What would be your recommendations to parties facing competition litigation in your jurisdiction and what potential pitfalls would you highlight?

It is advisable to attempt to collaborate with the Competition Agency during the investigation. If an infringement of competition law is established, success in any challenge is unlikely, as there are few judicial decisions overturning Competition Agency decisions. That said, the case law is still developing and sometimes the decisions of the Competition Agency are not completely in line with EU competition law and human and fundamental rights.

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