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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 journal article

Egzone Osmanaj, Njomëza Zejnullahu

European Competition and Regulatory Law Review, Volume 7 (2023), Issue 4, Page 216 - 226

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

Commercial Divisions of Public Entities and the Limits of EU Competition Law journal article

Jasper P Sluijs

European Competition and Regulatory Law Review, Volume 3 (2019), Issue 3, Page 261 - 279

Competitive behaviour by public entities is generally approached in the literature as concerning the traditional State-owned enterprises pursuing public interest objectives. However, increasingly we see examples of commercial divisions of public entities aiming to generate revenue per-se. Because these commercial divisions can enjoy competitive advantages over their private sector competitors, their behaviour may distort competition. This phenomenon has become prevalent throughout the EU, and Member States tend to approach its anticompetitive effects through various competition law(-related) frameworks. This article points out, however, that a competition law framework may be ill-suited to address anticompetitive effects of commercial divisions of public entities. With an ill-functioning and diverging legal framework across the EU, anticompetitive effects of commercial divisions of public entities lead to an uneven playing field between public and private firms with adverse effects on the internal market. Keywords: Competition Law, Mixed Markets, State-owned Enterprises

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