The Croatian Constitutional Court annuls the Competition Authority’s prohibition decision due to violation of due process requirements (Private Security Companies)

On 1 February 2018, Croatian Constitutional Court (in Croatian: Ustavni sud Republike Hrvatske) adopted decision no. U-III/2791/2016, annulling the prohibition decision of the Croatian Competition Agency (“CCA”) no. 580-09/88-2015-100 adopted on 17 March 2015 imposing an administrative fine on the undertaking Sokol Marić d.o.o. in the amount of HRK 1,333,000 (approximately EUR 176,000) (“Decision”) and the judgment of the Croatian High Administrative Court no. UsII-40/15-10 of 22 April 2016 confirming the CCA’s Decision. In its decision, Constitutional Court upheld the claim made by undertaking Sokol Marić d.o.o. (“Claimant”) against the CCA’s Decision and judgment of High Administrative Court and found that both the CCA and the court acted arbitrarily and violated due process requirements