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 opens infringement proceeding against Knauf
On 22 September 2022 the Croatian Competition Agency started ex-officio proceeding against the undertaking Knauf d.o.o. from Uzdolje based on the complaint alleging distortion of competition by conclusion of a prohibited agreement and abuse of a dominant position within the meaning of Articles 8 and 13 of the Croatian Competition Act.
The complainant basically stated that Knauf as an undertaking holding a dominant position in the relevant market in the territory of the Republic of Croatia abused its dominant position by applying dissimilar conditions to equivalent transactions with other trading parties, thereby placing them at a competitive disadvantage. Concretely, the complainant claimed that Knauf applied different rebate schemes (discounts) and trading conditions that were not based on objectively justified criteria, which have directly resulted in distortion of competition in the preliminary defined relevant market in drywall gypsum boards.
The task of the CCA will be to investigate whether in the period from 2017 to 2021 the undertaking Knauf applied dissimilar conditions to equivalent transactions with other trading parties, thereby placing them at a competitive disadvantage within the meaning of Articles 8 and 13 of the Croatian Competition Act.
It must be noted here that the mere opening of an infringement procedure does not prejudice the CCA decision. The CCA decides on the merit on a case-by-case basis, considering all the relevant facts of the case concerned.