The Croatian competition authority, AZTN, issued an opinion regarding the compliance of the 'Silver Card Benefits' pilot program initiated by the City of Šibenik with competition law.

This program aims to enhance the quality of life for individuals over 65 by providing easier access to products and services with certain benefits. It is based on decisions made by the City of Šibenik in the area of social welfare, granting local government units the authority to determine the rights of their citizens within the social policy framework.

AZTN found that the program is based on voluntary participation from businesses, and the City of Šibenik does not gain any financial benefit from its implementation, nor does it provide financial payments to participants. Partners in the program can freely withdraw from participation, and the terms of participation are governed by a Partnership Agreement.

The authority noted that the call for participation was public and accessible to all entrepreneurs under equal conditions, without positive or negative discrimination against any specific entrepreneur or group. The call allowed all interested legal entities and craftsmen to propose benefits for Silver Card users independently.

In its analysis, AZTN emphasized that the call does not contain exclusivity provisions favoring any particular entrepreneur. Consequently, the implementation of the pilot program should not restrict access to other entrepreneurs, provide preferential treatment, or exclude certain participants from the opportunity to participate under equal conditions.

AZTN also highlighted that local and regional government units must ensure that measures they prescribe are implemented in accordance with competition principles, particularly regarding transparency and equal market access for all interested entrepreneurs.

In conclusion, after conducting its examination, AZTN assessed that the 'Silver Card Benefits' pilot program and the call for expressions of interest do not violate competition law, as they are based on voluntary participation, available to all entrepreneurs under equal conditions, and do not contain restrictive, discriminatory, or exclusive provisions that could harm market competition.

This opinion underscores the importance of ensuring equal conditions and transparent market access for all entrepreneurs when creating local measures, including social programs, to promote effective and impartial market competition.