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.

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CCA opens infringement proceeding against Croatian Post

On 3 February 2022 the Croatian Competition Agency (CCA) opened ex officio infringement proceeding against the undertaking HP – Hrvatska pošta d.d. (HP) with its seat in Zagreb to investigate whether HP abused its dominant position within the meaning of Article 13 of the Croatian Competition Act and Article 102 of the Treaty on the functioning of the European Union (TFEU) by applying a customs clearance fee levied by the customs clearance agent or customs broker for the examination of IOSS postal items in the relevant market covering the imported postal items from third countries delivered to the Republic of Croatia in on-line sales (e-commerce).

The CCA opened the ex officio proceeding following a complaint.

The proceeding was opened by consecutive application of the national competition law and TFEU based on the fact that the effect on trade criterion in this particular case principally confines the scope of application of Article 102 TFEU to the practices that may affect trade within the EU, where the undertaking concerned holds a dominant position in the whole territory of the Member State.

The CCA notes 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.