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Prohibition of Abuse of Enterprises With a Dominant Position in the Market According to the Competition Law in Albania and Kosovo

Egzone Osmanaj, Njomëza Zejnullahu


Keywords: abusive behaviour, enterprise, dominant position, Albania, Kosovo

The contemporary legal framework in various jurisdictions includes provisions aimed at preventing the abuse of market-dominant enterprises, with the overarching goal of addressing monopolistic practices. This research centres on the examination of competition law in the contexts of Albania and Kosovo, specifically within the realm of addressing abusive behaviour by dominant market players. This article looks at the existing legal framework pertaining to the abuse of dominant market positions in Albania and Kosovo, and how closely it aligns with European legislation in this domain. Additionally, it considers the efficacy of the provisions prohibiting abusive conduct by dominant enterprises. Examining these two distinct legal systems is crucial, because both are currently in the early stages of alignment with EU legislation.Through analysing the legislative frameworks and the decisions rendered by the Competition Authorities in the countries under scrutiny, several key findings emerge: Firstly, the competition legislation in the examined states, particularly in Albania, bears a striking resemblance to the European Union's legal framework. Secondly, it is evident that Albania has devoted more research and attention to the issue of abuse of dominant positions than Kosovo. Specifically, the Albanian Competition Authority has conducted comprehensive investigations across various sectors of the economy, leading to the imposition of fines on dominant enterprises found to engage in abusive practices.
Keywords: abusive behaviour; enterprise; dominant position; competition; market

Prof. Ass. Dr Egzone Osmanaj, University of Business and Technology, Faculty of Law; corresponding author: Prof. Ass. Dr Njomëza Zejnullahu, University of Business and Technology, Faculty of Law.


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