Communication
The aim of the protection of market competition is primarily to create benefits for consumers and equal conditions for all entrepreneurs on the market, who, acting in accordance with the existing rules and competing on the market with the quality, price and innovation of their products and services, contribute to the overall development of the economy.
CCA carries out surprise inspection in sports and leisure industry
In line with its powers under the Croatian Competition Act and after obtaining the injunction of the High Administrative Court of the Republic of Croatia the Croatian Competition Agency (CCA) carried out the surprise inspection of the business premisses of the undertaking Benefit Systems d.o.o. with its seat Zagreb.
On 12 September 2024 the CCA initiated ex officio proceeding against Benefit Systems to investigate whether this undertaking, from the beginning of 2024 onwards, has prevented, restricted, or distorted competition by concluding a prohibited agreement and/or abusing its dominant position in the sense of Articles 8 and 13 of the Competition Act, OG 79/09, 80/13, 41/21, and 155/23, by making the conclusion of contracts subject to acceptance by the other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of such contracts, and by restricting and controlling the sports and leisure intermediaries market in the territory of the Republic of Croatia to the detriment of the operators of sports and leisure facilities and the end users of sports and leisure services.
The CCA opened the infringement proceeding based on the complaint of the undertaking PassSport d.o.o., headquartered in Zagreb, that submitted a complaint alleging that Benefit Systems had undertaken and continues to undertake all available actions to prevent or limit its entry into sports and leisure market offering sports and leisure packages for employees in the Republic of Croatia by creating barriers to entry in order to eliminate competition from the market concerned.
The CCA decided to conduct the unannounced inspection of the business premises of the undertaking concerned with the view to establishing additional facts and circumstances of the case and collecting evidence that would support the indications that lead to opening the infringement proceeding, in line with its powers under the Competition Act and based on the injunction of the High Administrative Court of the Republic of Croatia.
The decision on whether Benefit Systems infringed competition rules by entering into a prohibited agreement in the sense of Article 8 paragraph 1 of the Competition Act, and/or by abuse of a dominant position in the sense of Article 13 of the Competition Act, will be made on the merit of the case according to the established facts of the case.
In this regard, the CCA notes that the mere opening of an infringement proceeding and conducting the unannounced inspection does not prejudice the CCA decision in the case concerned.