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Croatian Competition Authority Reviews Public Tender Conditions in Dubrovnik

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The Croatian competition authority has issued an opinion regarding the public tender for leasing public spaces in Dubrovnik, highlighting potential competition law violations.

12.10.2025 | Croatian competition authority


The Croatian Competition Authority (AZTN) has analyzed the public tender for leasing public spaces in Dubrovnik, focusing on compliance with competition law regulations.

In public tender processes, local government units, including the City of Dubrovnik, often set conditions that may violate competition principles by imposing excessive, restrictive, or discriminatory criteria, which can adversely affect market competition.

AZTN emphasizes that all entrepreneurs should have equal access to public tenders, which is fundamental to entrepreneurial freedom and a market economy.

In this case, AZTN found that a specific provision of the tender, which limited participation based on geographic criteria, was not in line with competition principles, thus undermining equality among participants and hindering fair competition.

AZTN recommended that the provision be amended to ensure that tender conditions are based solely on professional, technical, and expert criteria, independent of the legal acquisition of resources or the geographical location of the bidders.

In response, the City of Dubrovnik argued that it has the right to set tender conditions based on previous negative experiences with certain bidders. However, AZTN reiterated that local authorities must align their actions with competition law to ensure equal and transparent market access for all entrepreneurs.

Ultimately, AZTN's opinion stresses that market regulation goals, including the management of public spaces, must comply with competition principles to ensure effective market competition, better offerings for end-users, and transparent management of public resources.

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