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CCA no longer has the obligation to additionally increase the fines for cartel participants

Pursuant to the proposal of the Croatian Competition Agency (CCA), the Croatian Government has amended the Regulation on the Criteria of Setting Fines. The amendments were published in the Official Gazette no. 23/2015 and entered into force on 04-03-2015.

The amendments of the Regulation have removed the CCA's obligation in cartel cases to additionally increase the main amount of the fine for the amount of 15-25% of the turnover realized on the relevant market. Instead, the CCA now has the possibility (but not the obligation) to additionally increase the main amount of the fine for cartel participants for the amount of maximum 25% of the turnover realized on the relevant market.

CCA has proposed this amendment, considering that the former obligatory fine increase was too rigid, and could in certain cases result in unreasonably high fines in comparison to the severity and impact of the infringement on competition, and thereby be unjustifiably burdensome for the undertakings in question.

With this new solution, the CCA has a higher degree of flexibility in setting the amount of fine, i.e. the possibility to tailor the amount to each particular case, taking into account that the amount be proportionate to the severity of the infringement and its impact on competition and consumers, as well as to the financial strength and position of the undertaking in question.

On the other hand, the prescribed maximum basic amount of the fine (30% of turnover from the relevant market), with the possibility of additional increase for 25% in cartel infringements, remains to ensure a strong preventive effect.

26.03.2015. at 9:30

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