Protecting of Effective Competition in Kosovo Market

Session

Law

Description

This paper analyzes the protection of effective competition in Kosovo market. In particular, the paper analyzes the role of the Kosovo Competition Authority in guaranteeing and protecting the right to competition. The treatment and analysis of this topic is done mainly based on the positive legislation in Kosovo, referring to competition law. Besides in theoretical terms, the topic was addressed in practical terms, in which were analyzed different cases treated by the Kosovo Competition Authority, for the period 2016-October 2020, and a questionnaire was conducted with various companies in Kosovo. The questionnaire contained questions related to the work of the Kosovo Agency of Competition (KAC), and the main issues related to legislation and its implementation in practice. Thus, the paper is constructed based on primary data (questionnaire /interview) and secondary data (analysis of legislation, analysis of existing contemporary literature on competition law). At the end of topic treatment, it was concluded that the positive legislation in Kosovo, namely the Law on Protection of Competition in Kosovo, is based on the main pillars on which the Competition Law of European Union is based. This law adopts in detail the abuse of a dominant position in the market, merging or concentrations of enterprises and prohibited agreements which intend to restrict competition in the market. However, the data of the questionnaire show that many enterprises/businesses in Kosovo are not aware of the existence of this law, therefore it is recommended that the Kosovo Competition Authority should promote the law more to businesses/enterprises.

Keywords:

competition, market, prohibited agreements, abuse of a dominant position, concentrations, authority, Kosovo.

Session Chair

Nehat Idrizi

Session Co-Chair

Xhavit Shala

Proceedings Editor

Edmond Hajrizi

ISBN

978-9951-437-96-7

Location

Lipjan, Kosovo

Start Date

31-10-2020 10:50 AM

End Date

31-10-2020 12:10 PM

DOI

10.33107/ubt-ic.2020.259

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Oct 31st, 10:50 AM Oct 31st, 12:10 PM

Protecting of Effective Competition in Kosovo Market

Lipjan, Kosovo

This paper analyzes the protection of effective competition in Kosovo market. In particular, the paper analyzes the role of the Kosovo Competition Authority in guaranteeing and protecting the right to competition. The treatment and analysis of this topic is done mainly based on the positive legislation in Kosovo, referring to competition law. Besides in theoretical terms, the topic was addressed in practical terms, in which were analyzed different cases treated by the Kosovo Competition Authority, for the period 2016-October 2020, and a questionnaire was conducted with various companies in Kosovo. The questionnaire contained questions related to the work of the Kosovo Agency of Competition (KAC), and the main issues related to legislation and its implementation in practice. Thus, the paper is constructed based on primary data (questionnaire /interview) and secondary data (analysis of legislation, analysis of existing contemporary literature on competition law). At the end of topic treatment, it was concluded that the positive legislation in Kosovo, namely the Law on Protection of Competition in Kosovo, is based on the main pillars on which the Competition Law of European Union is based. This law adopts in detail the abuse of a dominant position in the market, merging or concentrations of enterprises and prohibited agreements which intend to restrict competition in the market. However, the data of the questionnaire show that many enterprises/businesses in Kosovo are not aware of the existence of this law, therefore it is recommended that the Kosovo Competition Authority should promote the law more to businesses/enterprises.