Communication
The aim of the protection of market competition is primarily to create benefits for consumers and equal conditions for all entrepreneurs on the market, who, acting in accordance with the existing rules and competing on the market with the quality, price and innovation of their products and services, contribute to the overall development of the economy.
CCA conducted dawn raid in transport sector undertaking
The Croatian Competition Agency (CCA), based on its procedural order of 29 April 2025, acting ex officio, initiated a proceeding against the undertaking Tahograf d.o.o., headquartered in Sveta Nedelja, to determine whether the said undertaking, as the authorized distributor of VDO – Kienzle brand devices and related spare parts in the territory of the Republic of Croatia, has, since 1 January 1 2024, prevented, restricted, or distorted competition by abusing its dominant position within the meaning of Article 13 of the Croatian Competition Act by refusing to conclude a business and technical cooperation agreement with undertakings operating in the tachograph servicing market, and making the conclusion of such contracts subject to acceptance by the other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of such contracts.
The proceeding was initiated following a complaint submitted by the undertaking Urar d.o.o., based in Otočac, which claimed that Tahograf d.o.o. restricted its access to the relevant market for servicing the VDO tachographs by a refusal to deal in the sense of Article 13 paragraph 2 of the Competition Act. Specifically, the complainant alleged that Tahograf, as the representative of the tachograph manufacturer VDO, has consistently refused to conclude a business and technical cooperation agreement with the complainant, where such an agreement is a conditio sine qua non for obtaining a license to operate a tachograph workshop.
In order to establish additional facts and circumstances, and to gather evidence that could test the indications that served as grounds for the initiation of the proceeding, the CCA—based on its powers under the Competition Act and pursuant to a warrant issued by the High Administrative Court of the Republic of Croatia—conducted a surprise inspection on the business premises of Tahograf d.o.o. in Sveta Nedelja.
The CCA will decide whether the undertaking in question has infringed competition rules by committing abuse of dominance within the meaning of Article 13 paragraphs 2 and 4 of the Competition Act, based on the final findings and the merits of the case.
In this regard, the CCA emphasizes that the initiation of a proceeding and the conduct of a dawn raid cannot prejudice the CCA’s final decision in the matter.