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28 July 2011
At the end of May 2011 the Competition Agency found that INA dd, the exclusive wholesale trader and supplier of jet fuel at Croatian airports, abused its dominant position in the jet fuel supply market by imposing unfair prices. The agency opened an investigation after it received a complaint from Dubrovnik Airline doo in December 2009. In its decision, the agency found that – from April 21 2008 until May 19 2011 – INA charged Dubrovnik Airline and other domestic customers (1) higher prices for jet fuel than those charged to foreign customers. Consequently, the agency ordered INA to amend its jet fuel prices in the sales agreements with domestic customers within a three-month period. It also ordered that the agreements be determined in a clear, transparent and non-discriminatory manner for both domestic and foreign customers.
Although the new Competition Act entered into force while the proceedings were ongoing, the agency nevertheless had to apply the respective rules of the old act, since the proceedings were initiated before October 1 2010. As a result, the agency does not have the power to impose fines directly against INA; instead, it must apply to the competent misdemeanour court for fines to be imposed.
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Gabriele Wahl Cesarec