UTPs: High Administrative Court dismisses appeal of re-seller NTL

On 11 November 2021 the High Administrative Court of the Republic of Croatia dismissed the appeal of the re-seller Narodni trgovački lanac d.o.o. Sesvete (NTL) and upheld the ruling of the Administrative Court in Zagreb of 9 November 2020 rejecting the claim for cancellation of the decision of the Croatian Competition Agency (CCA) of 21 May 2019 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 NTL in the administrative dispute against the respondent CCA requesting annulment of its infringement decision of 21 May 2019 – founding the imposition of unfair trading practices (UTPs) in the business deals with its supplier of dairy products ZDENKA – mliječni proizvodi d.o.o. from Veliki Zdenci in effect of 1 April 2018, and the recovery of the litigation costs.

*On 21 May 2019 the CCA adopted a decision establishing that NTL used its superior bargaining position by imposing unfair trading practices within the meaning of the Act on the prohibition of unfair trading practices in the business-to-business food supply chain (UTPs Act) on its supplier of dairy products ZDENKA and imposed the fine for the infringement concerned in the amount of HRK 450.000.

The full CCA decision in NTL case in the Croatian language is available at:

https://www.aztn.hr/ea/wp-content/uploads/2019/06/UPI-034-032018-04001-1.pdf