Croatian Competition Agency Publishes Corrigendum to Translation of Council Regulation No 1/2003 into Croatian

aztn_l-www10 October 2016, VG Intelligence Weekly Issue 25

The Council Regulation (EC) No 1/2003 empowers the national competition authorities for the parallel or consecutive application of the national competition law (Croatian Competition Act) and Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU). Where the proceeding is initiated on the basis of the parallel application of the national law and the EU law, the national competition authorities (in this case the Croatian Competition Agency(AZTN)) are not empowered to take a negative decision (a decision on non-infringement of competition rules) within the meaning of Articles 101 and 102 of the TFEU. Namely, the European Commission (EC) is exclusively empowered to take a negative decision within the meaning of Articles 101 and 102 of the TFEU. The national competition authorities can only close the proceeding without taking a decision on the merits. Should the AZTN take a negative or a non-infringement decision within the meaning of Article 101 or Article 102 of the TFEU, it would be a breach of the EU competition acquis. For all the above stated reasons, it was necessary to make a formal corrigendum that was published in the Official Journal of the European Union on 30 June 2016…

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