Initiative

The initiative for initiation of the proceedings (complaint) under the Competition Act (OG 79/2009) and the Act on the Amendments to the Competition Act (OG 80/2013) may be submitted by any legal or natural person, professional association or economic interest group or association of undertakings, consumers association, the Government of the Republic of Croatia, central administration authorities and local and regional self-government units.

The initiative must contain:

1. Data on the parties

1.1. The name and the seat of the legal person concerned, or the name, surname and address of the natural person upon whose initiative the proceedings is initiated (complainant);

1.2. Relevant data on the basis of which it may be clearly and beyond any doubt established against whom the imitative is being made.

2. Description of the infringement (prevention, restriction or distortion of competition rules)

2.1. Description of the facts of the case, practices or circumstances on which the initiative is based;

2.2. Data, documents and other pieces of evidence that are available to the complainant and that substantiate the allegations under point 2.1.;

2.3. Estimated duration of the infringement, when and how it started, when and how it ended, if it ceased.

3. Where the data and documentation are covered with secrecy obligation, the complainant should identify the data and documentation that are considered confidential and provide necessary argumentation. At the same time the complainant should provide a copy of the initiative which does not contain business secrets.

For the CCA to take a decision on whether or not there are legal grounds for the initiation of the proceeding in a particular case, it is important that a person who files the initiative (complainant) to communicate as many as possible of the necessary data.

It would be helpful if the complainant could also identify the following data:

4. Data on the relevant market

4.1. Data on the market on which the complainant is active, such as the list of undertakings (competitors) that are active on the market concerned;

4.2. Data on goods and/or services that are understood by the complainant as substitutes to the goods and/or services at issue;

4.3. Data on geographic dimension i.e. the territory where the alleged infringement took place and where the undertakings concerned are active as suppliers or buyers.

5. Data on effects on the market

5.1. Estimation of effects of the alleged infringement on buyers, competitors, suppliers or third parties in the relevant market;

5.2. Possible reasons for the alleged infringement;

5.3. Estimation of the total financial harm caused by the infringement, estimation of the harm caused to the claimant.

6. Other important information:

6.1. Barriers to entry (legal or actual barriers);

6.2. Other public data relating to the relevant market, such as court decisions, statistical data, technical data and specifications, sector inquiries etc.

In principle, the information about the complainant is not classified. However, the complainant may seek identity protection where its reasons are justified. The CCA will comply with the request of the complainant if it finds the reasons justified.

The initiative for the initiation of the proceeding (complaint) is communicated personally or in writing to the following address:

Croatian Competition Agency
Savska cesta 41
10 000 Zagreb
Croatia

The initiative may also be submitted by Email: CCA