AZTN Initiated Proceedings Against HT, HP, and the Orthodontic Society

The Competition Protection Agency (AZTN) has initiated three proceedings to determine market competition violations – proceedings due to indications of abuse of dominant position against Hrvatski Telekom (HT) and Hrvatska Pošta (HP), and due to indications of entering into a prohibited agreement against the Croatian Orthodontic Society.

The proceeding against HT was initiated to determine whether the refusal to provide wholesale services to alternative operators, manifested in the tactic of delaying the provision of wholesale services, constitutes an abuse of dominant position in the relevant markets from 2011 to the present, AZTN explains.

The proceeding against Hrvatska Pošta was initiated due to indications that it has abused its dominant position in the relevant market for postal services in Croatia through so-called ‘predatory behavior’ in setting postal service prices and applying the Postal Service Price List in domestic traffic, with the aim of driving competitors out of the market or preventing new competitors from entering the market.

The Agency has also initiated proceedings against the Croatian Orthodontic Society due to suspicions of entering into a prohibited agreement by adopting the “Minimum Price List for Orthodontic Services.”

AZTN particularly emphasizes that at the moment of initiating the proceedings, they do not need to possess relevant evidence of violations of competition law. The initiation of proceedings primarily allows the Agency to conduct an in-depth investigation of the behavior of entrepreneurs based on the indications they have at that moment, AZTN notes in the information published on the Agency’s website.

Deadlines for concluding these proceedings are prescribed by the Competition Protection Act, and the Agency must make a decision within four months from the date it established all facts important for making a decision.

The duration of the proceedings within the prescribed legal deadlines depends on numerous factors, including the complexity of the case, as well as the willingness of the entrepreneurs to cooperate with AZTN, the Agency notes.