Institutional assumptions of competition policy efficiency

The aim of the study is to explore the current state of competition policy in Serbia, identify and consider the key obstacles and shortcomings that hinder the full and adequate implementation of the rules of competition protection, and to make recommendations for improvement of competition policy. The recommendations are primarily intended for decision makers in competition policy and legislation, as well as for those who are responsible for the proper implementation of the legal framework. The study is focused on the rules of the competition and their application, while the state aid control section is included to the extent necessary for the understanding of its importance in the context of a functioning system in line with EU standards.

Ekonomika preduzeca, 2013

EUROPEAN RESEARCH STUDIES JOURNAL

Purpose: In this paper, we lay out the analysis and provide an overview of the functions carried out by the national competition authorities in the Western Balkan countries and demonstrate their compliance with EU rules. We deal with the level of implementation of competition rules on prohibited agreements, abuse of dominant position, notification of concentration and state aid. Design/Methodology/Approach: We provide an overview of the stage these countries have arrived at in fulfilling their obligation on competition issues based on the Stabilisation and Association Agreement, which is a step forward for EU integration. We do this by carrying out a comparative analysis of the data collected from both primary and secondary sources, in order to demonstrate the current situation on competition in the Western Balkan countries and determine the most appropriate means to build strong and efficient National Competition Authorities. Findings: Findings show that competition in Balkan countries is still in a phase of development and more needs to be done in order to create an adequate competition regime. Practical Implications: We propose measures in order to ensure the effective implementation of the law on the protection of competition and the market economy. Originality/Value: When going through a phase of transformation, political change and integration, it is important to refer to other experiences, especially when trying to form part of the EU integration.

Competition Policy in the European Union provides the various dimensions of the competition control, including restrictive practices policy, monopoly policy, merger policy and state aid policy. Competition policy is not an end in itself, but one essential tool to achieve efficient market outcomes and the effort of competition authorities should concentrate on ensuring that those market failures, which can be r emedied by public intervention, are addresses effectively. Competition law is a new concept for Albania, but the law is oriented towards European Competition legislation on competition regulation including Regulation 1/2003. This paper seeks to analyse the new Albanian competition framework and will look at its approximation with EU law, together with proposing further steps for the modernisation and Europeanisation of its competition law regime

Balkan Social Science Review (BSSR), 2019

Competition policy in the Western Balkan countries has recently gained in significance, in parallel with the acceleration of their EU accession process. Competition policy played a central role in the development of the EU, its institutions and in particular the EU internal market. Competition legislation aims to prevent distortions of competition that harm the economy and, at the same time, to assure freedom of choice of economic agents. A competition policy adopted by the government should include both: economic policies that enhance competition in local and national markets, and competition law designed to stop anti-competitive business practices. The goal of this paper is to analyse the recent developments in the area of competition policies in Western Balkan countries i.e. Albania, North Macedonia, Bosnia and Herzegovina, Serbia, Montenegro and Kosovo. In the Western Balkan countries, the progress in this policy area has been generally slower than in other areas of government. This can be explained partly by the complex environment in which competition policies and regulators are set up in any country. However, there could be also some other features at play, which are characteristic of the transition countries. In addition, in the last 20 years there were great efforts by the national governments to fully adhere with the EU competition policy principles and regulations. Keywords: competition policy, Western Balkan countries, economic policies, competition law

The Paper implements comprehensive research and comparative analyze of evolution of competition regimes of SEE countries. The protection of competition was expressly recognised as a pillar of the sound functioning of the market and development of the economy in these countries. Considering the shared common objective of SEE countries to become EU member states, they faced the responsibility to adopt and to enforce the acquis communautaire in the field of competition before the date of their accession to the EU due to prepare their economies to cope with the competitive pressures of the European internal market. This should, in principle, improve the competitiveness of the economies and benefit the consumers. Specifically, common for all SEE countries is that the competition laws are based on the provisions of Articles 101 and 102 TFEU. The Paper shall enclose general outline of competition laws, evaluation of the institutional structure of competition regimes of SEE countries and their competencies and powers. The main objective is to elaborate the scope of competition law at each respective country separately, the administrative capacity in order to maintain competition discipline in line with European practice and to create credible enforcement record in all areas of competition policy. The administrative capacity in these countries is a competence of independent national competition authorities (NCAs) established with different organisational structure and competencies in enforcing the competition rules. Related to the issue of independence, the NCAs are expected to be free from any political and economic influence, and to be autonomous in respect of their organisational, functional, financial and personal tasks. While the Lisbon Treaty aim to protect consumers in the framework of the internal market programme, as well as on the basis of a genuine consumer policy, it is submitted that an effective competition policy remains crucial for consumers in a market economy. Therefore, the paper analyses whether competition policy is an effective instrument for consumer protection and what is the general role of the European Union. In addition, the principal competition concerns of the consumers and representation of their interests via shared competence between the NCAs and national consumer bodies are tackled. The Paper concludes that from the perspective of future EU enlargement, tremendous progress has been achieved in legislative approximation of the competition legislation and in the creation of market systems in SEE countries. This reflects growing use of competition policy as an instrument of fulfilling Copenhagen Economic criteria. Ensuring efficient competition on the markets in SEE is a formidable challenge, where NCAs play an essential role. With a tendency to make accession a successful story and to ensure the proper functioning of the EU internal market after enlargement, the NCAs are expected to deliver a credible enforcement record. On the other side, the political decisionmakers in these countries should secure and develop sufficient resources for the NCAs as they can actively contribute towards full application of the competition regime, guarantying further progress and effective enforcement due to create a genuine competition culture through application of competition advocacy instruments.

2020

The administrative model of competition law enforcement is the prevailing model in the EU Member States. Although Member States are free to choose between the administrative and the judicial model or their combination, many of them opted for the administrative model taking the EU model as an example. The same is valid for the candidate and potential candidate states of Western Balkans. The new Directive 2019/1 deals with the issue of safeguarding the fundamental rights in competition proceedings in general terms only, while stabilisation and association agreements lay down the rule of law as a fundamental principle, but do not say much regarding the features of the competition enforcement model. Candidate countries did not consider the rule of law requirements when designing their competition enforcement models. Competition authorities combine investigative and decision-making powers, preventing them from impartial decision-making. Rules on the appointment, that is, election of memb...

Competition Authorities in South Eastern Europe, 2018