The Croatian Competition Agency (CCA) opened the ex-officio infringement proceeding against the undertaking Drezga d.o.o., an authorised distributor for Husqvarna Group products, based on the fact that the contracts this undertaking concluded with its business partners contained provisions imposing obligations on the buyer to sell all the final products and the accompanying spare parts from the export programme of the seller in the territory of Croatia, preventing the passive selling of the contract products – re-export to other countries.
In the course of the proceedings Drezga committed itself to change the provisions on authorised sales and repair of Husqvarna Group products and other products in the authorised sales contracts and offered to allow its business partners the passive sales outside the territory of Croatia, yet imposing the obligation on them to refrain from active selling.
In addition, with the view to preventing any possible future infringements of competition rules, Drezga committed itself to draw up a compliance programme and train its management and commercial staff on competition rules and the importance of the compliance of the behaviour of any undertaking with these rules.
The CCA found the above commitments proposed by Drezga adequate to eliminate competition concerns and restore effective competition in the relevant market concerned.
Within three-month-period Drezga must submit to the CCA the copies of the amended agreements revising the current agreements on authorised sales for 2016. The compliance programme must be also communicated to the CCA within the period of 30 days.
In case of non-compliance on the side of Drezga with the above listed commitments the CCA would start a separate infringement proceeding and impose sanctions on the undertaking concerned.