CROATIA Law and Practice Contributed by: Mirna Mišetić, Mišetić & Partners
6. Ancillary Restraints and Related Transactions 6.1 Clearance Decisions and Separate Notifications Restrictions that are directly related and necessary for the implementation of a concentration (ancillary restraints) are automatically covered by the Agency’s clearance decision and do not require separate noti - fication or approval. It is for the parties themselves to assess whether specific restraints meet these criteria. Restraints that go beyond what is directly related and necessary to the concentration are not covered by the clearance decision and may be assessed separately under the rules governing restrictive agreements. 7. Third-Party Rights, Confidentiality and Cross-Border Co-Operation 7.1 Third-Party Rights Upon receipt of a complete notification, the Agency publishes a public notice inviting interested persons to submit written comments and opinions on the notified concentration. This mechanism enables customers, competitors, suppliers, industry associations, con - sumer organisations and other stakeholders with rele - vant market knowledge to raise concerns and provide information on the potential effects of the transaction. In addition, where the Agency intends to accept proposed remedies, it publishes a summary of the case and the content of the proposed measures, and invites interested parties to submit written observa - In addition to public consultation, the Agency some - times contacts third parties directly as part of its review, particularly in more complex cases. Such contact usually takes the form of written requests for information or structured questionnaires addressed to customers, suppliers, competitors and other relevant market participants. The Agency also invites third parties to comment on proposed remedies through a public consultation pro - tions within a statutory deadline. 7.2 Contacting Third Parties
ties in all cases where the Agency opens an in-depth (Phase II) review. In Phase I cases, the Agency issues a confirmation notice to the parties. Decisions and confirmation notices are published on the Agency’s website, and decisions are also pub - lished in the Croatian Official Gazette. Confidential information and business secrets indicated by the parties are redacted. 5.7 Prohibitions and Remedies for Foreign-to- Foreign Transactions The Croatian Competition Agency has not prohibited any notified transactions in recent years, nor has it conditionally approved any purely foreign-to-foreign transactions, according to the publicly available data. However, it has approved several concentrations sub - ject to conditions in cases involving foreign investors and transactions producing effects on the Croatian market. In 2025, the Agency conditionally approved a concen - tration involving the acquisition of control over hotel operators active on the island of Hvar by a compa - ny ultimately controlled by an undertaking from the United Arab Emirates. The Agency identified concerns related to a high level of concentration in the local hotel market and the potential long-term effects on competition and sustainable development. The clear - ance was therefore made conditional upon investment and other behavioural commitments aimed at mitigat - ing these risks. In 2022, the Agency conditionally approved the acqui - sition of control over a Croatian undertaking operating as the national distributor and importer of vehicles of a major European car manufacturer by foreign inves - tors. In that case, the Agency imposed behavioural remedies designed to safeguard effective competition on the Croatian market.
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