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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UTPs: Another legally valid decision: High Administrative Court dismisses appeal of re-seller Kaufland

The High Administrative Court of the Republic of Croatia dismissed the appeal of the re-seller Kaufland Hrvatska k.d. from Zagreb and upheld the ruling of the Administrative Court in Zagreb of 7 October 2021 rejecting the claim for cancellation of the decision of the Croatian Competition Agency (CCA) of 29 May 2020 and upholding the infringement decision of the CCA in the unfair trading practices case, rejecting at the same time the recovery of the party’s litigation costs.

Namely, the court of first instance, the Administrative Court in Zagreb, rejected the statement of claim of the re-seller Kaufland in the administrative dispute against the respondent CCA requesting annulment of its infringement decision of 29 May 2020 that found that Kaufland imposed unfair trading practices (UTPs) and used its strong bargaining power in its business deals with the supplier of food products Prehrambena industrija Vindija d.d. from Varaždin, rejecting at the same time the request of the party for the recovery of the litigation costs.

By the ruling of the High Administrative Court of the Republic of Croatia the CCA infringement decision of 29 May 2020 becomes legally valid.

The summary of the CCA infringement decision in Kaufland case is the English language is available

here

The full non-confidential CCA decision in Kaufland case in the Croatian language is available

here