Merger control law and regulation in Croatia

Authority / Source

  • The Croatian Competition Agency (the Agency)
  • Competition Act (Official Gazette No. 79 / 09, 80 / 2013)

Mandatory / Voluntary

Mandatory

When to notify?

Prior to implementation

Threshold(s)

Notification required if:

  • the combined aggregate worldwide turnover of all participating undertakings is at least HRK 1 bn (approx. EUR 131m); and
  • each of at least two participating undertakings achieves aggregate domestic income (in Croatia) of at least HRK 100 m (approx. EUR 13.1m).

Obligation on whom

In case of acquisition, the undertaking which gains control over another undertaking needs to submit the application. In all other cases, all participating undertakings need to submit the application, but only one executed filing is necessary.

Consequences of failure to notify

Fine on company up to 1% of its total turnover in the previous financial year.

Consequences of implementing a transaction despite obligation to suspend until clearance

Fine on company of up to 1% of its total turnover in the previous financial year.

Consequences of implementing transaction despite prohibition decision

Fine on company of up to 10% of its total turnover in the previous financial year.

Stages

First Stage – one month 

The Agency must decide within one month from the date of receipt of the notification whether to clear the concentration or to start a full investigation. Failure to make a decision in this period results in the concentration being deemed cleared.

Second Stage (main examination) – three months 

This must be completed within three months of the date of commencement of the main investigation. No automatic clearance if no decision within the three-month period.

Foreign-to-foreign mergers caught?

Caught if they affect competition on the Croatian market.

Physical presence is not required.

Treatment of JVs

Caught if the JV acts as an independent commercial subject on a permanent basis.

Up to date as of 8 September 2014
1 Euro = 7.62 Kuna (exchange rate as of 8 September 2014)

Contact points

This manual is intended only to provide an overview of the merger control rules and regulatory requirements in the EU, the EEA and the European countries listed. The information and views expressed in this manual are not necessarily comprehensive and do not purport to give professional advice. If you would like further information, please contact the following:

Law Firm Bardek, Lisac, Mušec, Skoko  in cooperation with CMS Reich-Rohrwig Hainz

Ilica 1
10000 Zagreb
Croatia
T +385 1 48 25 600
F +385 1 48 25 601