Review article
Structural and Behavioural Measures as a Condition for Implementation of Concentrations in the European and Croatian Competition Law
Jasminka Pecotić Kaufman
; Ekonomski fakultet Sveučilišta u Zagrebu
Dubravka Akšamović
; Pravni fakultet Sveučilišta u Osijeku
Ana Pošćić
; Pravni fakultet Sveučilišta u Rijeci
Abstract
The efficient control of concentrations between undertakings implies detection of concentrations that have negative effects on competition. However, such concentrations can be cleared if concentration parties accept to satisfy certain measures, conditions and obligations that eliminate negative concentration effects. The article contains the analysis of European rules and practice of the Commission and courts in the field of Competition Law. The outcome of the analysis is a clear insight in present state of competition rights in EU and Croatia in regard to structural and behavioural measures. Having this in mind, a special attention is given to assessment of compliances of Croatian rules with the acquis communautaire. Furthermore, the authors scrutinise practice of the Croatian Competition Agency to find out whether the Agency has applied the most recent amendments of the European regulations (Commission Notice on remedies from 2008). The tendency “to harmonize in practice” has been discovered as a tendency to directly implement criteria from European Union Competition Law in certain Agency decisions regardless of the fact that certain legal questions are not resolved within the national regulations currently in force. The present situation concerning interpretative harmonisation in practice, which is specific for the period before Croatia becomes a full EU member, should probably not significantly change even after the full membership takes its effect, although, at that point, European regulations will be implemented directly according to the principle of direct effect. The changes are to be expected when Croatian bodies start to implement the rules of the Union “as a direct legal source” rather than “a subsidiary interpretative means”.
Keywords
Competition Law; concentrations between undertakings; structural measures; behavioural measures; Croatian Competition Agency
Hrčak ID:
63631
URI
Publication date:
20.12.2010.
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