ECN Brief

Croatia | The Amendments to the Leniency Regulation introduce Summary Applications

Croatia | The Amendments to the Leniency Regulation introduce Summary Applications

Regulation on the immunity from fines and reduction of fines (Leniency Regulation) was amended with the adoption of Regulation on the Amendements of the Regulation on the immunity from fines and reduction of fines which entered into force on 27 September 2017 (Official Gazette No. 96/2017). First purpose of the amendments of Leniency Regulation is to align completely its legal terminology wih the new Law on Damages Claims for the breach of competition rules which transposes EU Damages Directive 2014/104 in Croatian legislation. This refers primarily to the definition of leniency statement which is now aligned with the Law on Damages Claims for the breach of competition rules.

Secondly, the amendments for the first time introduce summary applications in Croatian Leniency Regulation. The new chapter „Summary applications“ regulates the possibility for the leniency applicant to submit summary applications either for immunity or for reduction of a fine to the Croatian Competition Agency or to other national competition authority which the applicant considers might be ‘well placed” to act in cases when the European Commission is ‘particularly well placed’ to deal with a case relating to the establishment of breach of Article 101. of the TFEU. The amended Leniency Regulation contains also template for the submission of a summary application with all necessary information on the alleged cartel. By those amendments of Leniency Regulation, Croatia is joining the rest of the EU Member States who have in their leniency legislation summary applications. The introduced changes are in line with ECN Leniency Notice and ECN Leniency Model Program.

Regulation on the Amendements of the Regulation on the immunity from fines and reduction of fines in Croatian language can be downloaded here:

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