Croatia merger control (2019)
Produced in partnership with Ilej & Partners LLC
Croatia merger control (2019)

The following Competition guidance note Produced in partnership with Ilej & Partners LLC provides comprehensive and up to date legal information covering:

  • Croatia merger control (2019)
  • 1. Have there been any recent developments regarding the Croatia merger control regime and are any updates/developments expected? Are there any other ‘hot’ merger control issues in Croatia?
  • 2. Under Croatian merger control law, is the control test the same as the EU concept of ‘decisive influence’? If not, how does it differ and what is the position in relation to 'minority shareholdings'?
  • 3. Are joint ventures caught by the national merger control provisions (including non-structural, cooperative joint ventures)?
  • 4. What are the merger control thresholds and would a purely foreign-to-foreign transaction be caught (commenting on any ‘effects’ doctrine/policy if relevant)?
  • 5. Are there any specific issues parties should be aware of when compiling and calculating the relevant turnover for applying the jurisdictional thresholds?
  • 6. Where the jurisdictional thresholds are met, is notification mandatory and must closing be suspended pending clearance?
  • 7. Is there any discretion to review transactions that fall below the notification thresholds?
  • 8. Is it possible to close the deal globally prior to local clearance?
  • 9. Is there a deadline for filing a notifiable transaction and what is the timetable thereafter for review by the Croatian Competition Agency?
  • more

A conversation with Dora Horvat, senior associate, and Nika Jurković, associate at Croatian law firm Ilej & Partners, on key issues on merger control in Croatia.

NOTE–to see whether notification thresholds in Croatia and throughout the world are met, see Where to Notify.

1. Have there been any recent developments regarding the Croatia merger control regime and are any updates/developments expected? Are there any other ‘hot’ merger control issues in Croatia?

On 1 July 2013, Croatia joined the EU and became subject to EU rules and regulations in this regard. In line with this development, the Act on Amendments to the Competition Act (Official Gazette No. 80/2103) was adopted in late June 2013, effective as of Croatia’s accession to the EU, so as to reflect the (direct) applicability of the Treaty on the Functioning of the European Union and the relevant EU Regulations in the competition area. While prior to this Amendment, the Competition Act provided for the application of the criteria arising from the EU competition rules mostly for cases of legal doubts/loopholes, ie indirectly, the said Amendment made this application direct and straightforward.

Also, with the direct application of the EU Merger Regulation and pursuant to conditions thereof, certain concentrations involving Croatian undertakings are now subject to review by the European Commission (and the 'one-stop shop' principle). As for