Regulation and protection of competition in Kosova : control of enterprise concentration

Abstract

Purpose: Like other Southeast European countries, Kosova applies the principles of a market economy. Despite the difficulties, in the efforts to create a free and competitive market economy, Kosovo must undertake reforms to face the reality of economic integration and global markets in general. In this regard, an important aspect is the implementation of economic reforms, the justice system, and the effective implementation of competition law under the ‘Acquis communautaire’. Therefore, the purpose of the research is to analyse the issues related to the regulation and protection of competition in Kosovo, with particular attention to controlling the concentration of enterprises based on EU practices.

Methodology: In answering the above questions, we carried out a desk review of comprehensive professional literature, EU treaties and directives, international competition institutions standards and requirements as well as other national laws and legal acts.

Findings: Moderate progress has been made, but the necessary steps are still taken to have a competitive economy and to be in the right position for EU integration. Concentrations are one of the important parts of competition law where through this practice it is possible to merge and acquire enterprises. Many cases of abuse can be encountered in this type of practice, so the role of competent supervisory authorities is necessary to regulate them. Concentration problems have been addressed since the establishment of joint ventures and their operation within the market modernisation becomes more complex both in the application and in the investigation by the competent controlling authorities. The analysis and functioning of the internal market, as well as the lack of practices in the field of concentration within an effective competition, is the focus of this chapter.

Significance: This chapter addresses issues raised in terms of competition law and possible improvements that can be made through the implementation of European regulations, creating market stability and sustainable economies in the long run.