NOVI ZAKON O ZAŠTITI TRŽIŠNOG NATJECANJA.

The paper considers the provisions of the new Law on the Protection of Market Competition (hereinafter: ZZTN) passed in July 2009. This regulation, as the third in a row to regulate the issue of market competition. By this law, just as by previous laws, basically three substantive law notions of market competition law have been regulated: restrictive agreements, dominant position, abuse of dominant position, restrictive entrepreneur concentration. The new ZZTN compared to previous two laws does not introduce in this segment particularly important and revolutionary novelties. National law of market competition ( in that segment of regulation) has been modernized, national law of market competition and the like have been harmonized with acquis communautaire of the Community. However, significant novelty and one of basic reasons for passing the new ZZTN in national law on market competition has been the change of the previous system of sanctions for offenders of restrictive acts of competition law. According to the new system, passing of sentence and punishment of the offenders against competition provisions have been put in competence of the AZTN. Previously this part of enforcement of market competition law was under jurisdiction of Police courts. Such a model was contradictory to solutions known to other modern legislation on market competition (the USA, the EU, Germany) and moreover the same system did not render intended results. Consequently, it was exposed to the critic of the broader expert public for a longer period, which lead to the announced modifications of the mentioned regulation. The paper considers the above mentioned provisions of the new ZZTN. Legal solutions representing the framework of national law of market competition have been presented. The issue of administrative-punitive measures and a new system of punishment of offenders of restrictive acts of market competition law have been paid particular attention. [ABSTRACT FROM AUTHOR]