Jasminka Pecotić Kaufman

The Enforcement of EU Competition Law by National Courts

Regulation 1/2003 is the legal instrument that has probably brought about the most important changes in the history of the application of EU competition law. It has extensively altered existing procedures for the application of what are now Articles 101 and 102 TFEU. Its importance is indicated by the direct applicability of its rules in Member States by their national competition authorities and national courts. By providing explicitly for the possibility of national courts applying Articles 101 and 102, Regulation 1/2003 has promoted the private enforcement of competition rules. The authors, inter alia, discuss basic rules on cooperation between the European Commission, national competition authorities and national courts pursuant to Regulation 1/2003 and novelties in the Directive on Actions for Damages as regards enforcement of Articles 101 and 102 by national courts. In addition, taking into account the fact that basic procedural rules indispensable for the enforcement of competition rules by national courts are not harmonised, the authors point out limitations on harmonisation in terms of not only normative rules but also legal culture and legal traditions.

Evolution of Cartel Practice in Croatia

This paper analyses the development of cartel enforcement practice in Croatia since the first Competition Act was adopted in 1995, i.e. since the Competition Agency was established in 1997. Until 2009 only five decisions have been adopted which deal with the issue of cartel arrangements between competitors. The facts of these cases are presented and main legal issues discussed. The authors point out to three underlying characteristics of the ten-year enforcement practice: (a) all cartel cases concerned explicit collusion; (b) in all cartel cases there was an association of undertakings that promoted collusion and/or helped to enforce the cartel; (c) undertakings gave self-incriminating statements in the proceedings before the Competition Agency. On the basis of these characteristics the authors conclude that the fight against cartels in Croatia is still in its infancy. Some awaited legislation changes (introduction of leniency, competence of the Competition Agency to decide on fines) should make cartel enforcement more viable in the future.