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Agreements, Concerted Practices, and Decisions by Associations of Undertakings in the EU, Kosovo, North Macedonia, and Albania: journal article

Comparative Overview

Egzone Osmanaj, Adnan Jashari

European Competition and Regulatory Law Review, Volume 6 (2022), Issue 3, Page 222 - 236

The purpose of this article is to do a comparative analysis of the competition law in the EU, Kosovo, North Macedonia, and Albania, regarding the regulation of anti-competitive agreements. The article focuses on the treatment and analysis of three basic notions: agreement, concerted practice, and decisions by associations of undertakings. The methodology is mainly based on analysis of the relevant legal framework of the countries included in this study, ie the article uses the method of analysis of legislation and the comparative method. The article also uses the method of case law analysis, which makes it possible to analyse the EU case law approach in relation to the concept of prohibited agreements. Specifically, we assess the approach of the European Commission and the EU Courts, from which the main criteria that must be taken into consideration when defining the notion of prohibited agreements result. The findings of the legislative and comparative analysis show that there is a high approximation between the legal framework of Kosovo, North Macedonia, and Albania, with that of the EU, in the field of prohibited agreements. Keywords: agreements between undertakings; concerted practices; decisions by associations of undertakings; Kosovo; North Macedonia; Albania

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