Protection of Competition from Abuse with Dominant Positions and Anticompetitive Agreements in the Kosovo Market

Valbon Mulaj

Abstract


Protection of competition from abuse with dominant positions and anticompetitive agreements in the Kosovo market is governed by the Constitution of Kosovo and the Kosovo Law on Protection of Competition. Following adoption of the law, the Kosovo Competition Authority was established, as a competent institution for protection of competition. The Kosovo Competition Authority is a public, independent institution, to exercise its duties set out in the law, and reports to the Assembly of the Republic of Kosovo. It is an obligation of the Kosovo Competition Authority to enforce the Constitution, Law on Protection of Competition, Charter of the Kosovo Competition Authority, Code of Ethics, Administrative Instructions, and Regulations, in order to protect competition from abuse with dominant positions and anticompetitive agreements. Abuse with dominant positions and anticompetitive agreements are detrimental to market participants and put companies in an unequal position in the market. As a result, in addition to the legal infrastructure, the state has an obligation to build information and enforcement mechanisms in order to create a genuine and stable market. Good and stable competition will benefit all types of companies in the market, as well as all consumers. Implementation of competition standards will enable a competitive and stable market. This paper aims to reflect legislation pertaining to protection of competition from abuse with dominant positions and anticompetitive agreements in the market, in full compliance with the Kosovo Law on Protection of Competition and in virtue of the Treaty on the Functioning of the European Union.


Keywords


protection of competition; abuse with dominant positions; anticompetitive agreements; law; market

Full Text:

PDF

References


LITERATURE

Ashton D., Competition Damages Actions in the EU: Law and Practice, Cheltenham 2018, DOI: https://doi.org/10.4337/9781786430748.

Hasani E., Čukalović I., Commentary of the Constitution of the Republic of Kosovo, Prishtina 2013.

Jaspers J.D., Managing Cartels: How Cartel Participants Create Stability in the Absence of law, “European Journal on Criminal Policy and Research” 2017, vol. 23(3), DOI: https://doi.org/10.1007/s10610-016-9329-7.

Kazani J., Aspekte ligjore të së drejtës së konkurrencës dhe konkurrenca në sistemin elektroenergjetik Shqiptar [Legal Aspects of Competition Law and Competition in the Albanian Power System], Tirana 2015 (doctoral dissertation).

Lamaj J., E drejta e konkurrencës në kuadrin e lirisë kushtetuese ekonomike [Competition Law in the Framework of Constitutional Economic Freedom], Tirana 2018 (doctoral dissertation).

List A., EU Competition Law and the Financial Services Sector, Abingdon 2013, DOI: https://doi.org/10.4324/9780203694275.

Lorenz C., Screening markets for cartel detection: Collusive markers in the CFD cartel-audit, “European Journal of Law and Economics” 2008, vol. 26(2), DOI: https://doi.org/10.1007/s10657-008-9054-x.

Maican O., Abuse of a Dominant Position, [in:] Current Issues in Business Law, eds. K. Strada-Rozenberga, M. do Rosario Anjos, Bucharest 2018.

Maliszewska-Nienartowicz J., The Abuse of the Dominant Position Within the Internal Market of the European Community: from Theoretical Assumptions to Practice, [in:] Interdisciplinary Management Research III, eds. D. Barković, B. Runzheimer, Osijek 2007.

Mulaj V., Improvement of the Kosovo Market through Implementation of the Competition Legal Framework, “The Lawyer Quarterly” 2020, vol. 10(3).

Pekarskiene I., Bruneckiene J., The Relationship between Cartels and Economic Fluctuations, “Inzinerine Ekonomika-Engineering Economics” 2015, vol. 26(3), DOI: https://doi.org/10.5755/j01.ee.26.1.7763.

Ratliff J., Abuse of Dominant Position and Pricing Practices: A Practitioner’s Viewpoint, EUI Conference, Fiesole, June 2003.

Sauter W., Coherence in EU Competition Law, Oxford 2016, DOI: https://doi.org/10.1093/acprof:oso/9780198749158.001.0001.

Zhezha V., Analizë e politikës së konkurrencës [Analysis of Competition Policy in the European Union], Tirana 2016 (doctoral dissertation).

ONLINE SOURCES

Competition Authority in the Republic of Albania, National Competition Policy, 2006, http://caa.gov.al/uploads/publications/POLITIKA_aca.pdf (access: 18.10.2021).

European Commission, EU Competition Law Rules Applicable to Antitrust Enforcement, vol. 1: General Rules, 1.7.2013, https://ec.europa.eu/competition/antitrust/legislation/handbook_vol_1_en.pdf (access: 10.10.2021).

Kosovo Competition Authority, https://ak.rks-gov.net/ballina (access: 11.1.2021).

Strategic Objectives of the Kosovo Competition Authority, https://ak.rks-gov.net/objektivat (access: 29.11.2021)..

Work Report 2017 of the Kosovo Competition Authority, https://ak.rks-gov.net/assets/cms/uploads/files/Raporti%20i%20Punes%202017_FINAL_AKK.pdf (access: 8.11.2021).

Work Report 2018 of the Kosovo Competition Authority, https://ak.rks-gov.net/assets/cms/uploads/files/Raporti%20i%20punes/Reports%20i%20Punes%20i%20AKK-s%C3%AB%202018%20(FINAL).pdf (access: 8.11.2021).

Work Report 2019 of the Kosovo Competition Authority, https://ak.rks-gov.net/assets/cms/uploads/files/Raporti%20i%20punes/Raporti%20i%20Punes%20i%20AKK-s%C3%AB%202019%20-%20FINAL.pdf (access: 25.2.2022).

Work Report 2020 of the Kosovo Competition Authority, https://ak.rks-gov.net/assets/cms/uploads/files/Raporti%20i%20Punes%20i%20AKK-s%C3%AB%202020_FINAL.PDF (access: 28.2.2022).

LEGAL ACTS

Consolidated version of the Treaty on the Functioning of the European Union (OJ EU C 326/47, 26.10.2012).

Consolidated versions of the Treaty on European Union and the Treaty on the Functioning of the European Union (OJ EU C 326/1, 26.10.2012).

Constitution of the Republic of Kosovo of 15 June 2008.

Law No. 03/L-229 on Protection of Competition in Kosovo (Official Gazette of the Republic of Kosovo of 25 November 2010).

Law No. 04/L-226 on Amending and Supplementing Law No. 03/L-229 on Protection of Competition in Kosovo (Official Gazette of the Republic of Kosovo of 10 March 2014).




DOI: http://dx.doi.org/10.17951/sil.2022.31.2.207-227
Date of publication: 2022-06-22 09:37:30
Date of submission: 2022-03-24 21:22:52


Statistics


Total abstract view - 1235
Downloads (from 2020-06-17) - PDF - 0

Indicators



Refbacks

  • There are currently no refbacks.


Copyright (c) 2022 Valbon Mulaj

Creative Commons License
This work is licensed under a Creative Commons Attribution 4.0 International License.