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 dismisses notification of concentration between Media Solutions and Novi List
Based on its decision of 1 December 2023 the Croatian Competition Agency (CCA) dismissed the notification of the proposed concentration between the undertakings Media Solutions d.o.o. and Novi list d.d. due to the fact that within the meaning of Article 17 paragraph 6 of the Competition Act the criteria for the initiation of the compatibility assessment proceeding within the meaning of Article 17 paragraph 1 have not been satisfied in this particular case.
Namely, in order to assess the compatibility of a concentration, the parties to the concentration are obliged to notify any proposed concentration to the CCA if the following criteria are cumulatively met:
- the total turnover (consolidated aggregate annual turnover) of all the undertakings – parties to the concentration, realized by the sale of goods and/or services in the global market, amounts to at least HRK 1 billion (EUR 132.722,808) in the financial year preceding the concentration and in compliance with financial statements, where at least one of the parties to the concentration has its seat and/or subsidiary in the Republic of Croatia, and,
- the total turnover of each of at least two parties to the concentration realized in the national market of the Republic of Croatia, amounts to at least HRK 100,000,000 (EUR 13.272,281) in the financial year preceding the concentration and in compliance with financial statements.
In addition, in this particular case it has been established that the criteria for obligatory notification of concentration under the specific provisions of the Media Act and the Electronic Media Act have not been met – the criteria under which the compatibility assessment of concentration is caried out solely regarding the transactions that are subject to obligatory notification in line with Article 17 paragraph 6 of the Competition Act.
In other words, the CCA can assess the compliance of any concentration that is subject to obligatory notification fulfilling the turnover threshold criteria in the sense of the provisions of the Competition Act and the ones that are subject to obligatory notification under specific provisions of the Media Act and the Electronic Media Act.
Concretely, after having examined the notification that had been submitted by the notifying party, the CCA found that neither the criteria relating to the specific provisions concerned nor the mandatory threshold requirements under the Competition Act have been met. Therefore, the CCA dismissed the notification of the concentration at issue.