Evolution of Cartel Practice in Croatia

Proceedings of 7th International Conference «Economic Integration, Competition and Cooperation», 2-3 April, 2009, Opatija, University of Rijeka – Faculty of Economics, CD with Full papers

10 Pages Posted: 23 Mar 2013 Last revised: 22 May 2013

Desa Mlikotin Tomic

University of Zagreb, Faculty of Economics and Business

Jasminka Pecotic Kaufman

University of Zagreb - Faculty of Economics & Business

Date Written: April 2, 2009

Abstract

This paper analyses the development of cartel enforcement practice in Croatia since the first Competition Act was adopted in 1995, i.e. since the Competition Agency was established in 1997. Until 2009 only five decisions have been adopted which deal with the issue of cartel arrangements between competitors. The facts of these cases are presented and main legal issues discussed. The authors point out to three underlying characteristics of the ten-year enforcement practice: (a) all cartel cases concerned explicit collusion; (b) in all cartel cases there was an association of undertakings that promoted collusion and/or helped to enforce the cartel; (c) undertakings gave self-incriminating statements in the proceedings before the Competition Agency. On the basis of these characteristics the authors conclude that the fight against cartels in Croatia is still in its infancy. Some awaited legislation changes (introduction of leniency, competence of the Competition Agency to decide on fines) should make cartel enforcement more viable in the future.

Keywords: cartels, collusion, competition law, enforcement, Croatia

JEL Classification: K21, L41

Suggested Citation

Mlikotin Tomic, Desa and Pecotic Kaufman, Jasminka, Evolution of Cartel Practice in Croatia (April 2, 2009). Proceedings of 7th International Conference «Economic Integration, Competition and Cooperation», 2-3 April, 2009, Opatija, University of Rijeka – Faculty of Economics, CD with Full papers . Available at SSRN: https://ssrn.com/abstract=2236766 or http://dx.doi.org/10.2139/ssrn.2236766

Desa Mlikotin Tomic (Contact Author)

University of Zagreb, Faculty of Economics and Business ( email )

Trg maršala Tita 14
Zagreb
Croatia

HOME PAGE: http://www.efzg.hr/default.aspx?id=10692

Jasminka Pecotic Kaufman

University of Zagreb - Faculty of Economics & Business ( email )

Trg J. F. Kennedyja 6
Zagreb, 10000
Croatia

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