NEKA DIVERGIRANJA PRAVA TRŽIŠNE KONKURENCIJE (NI)SU PODNOŠLJIVA NA PUTU INTEGRIRANJA
SOME DIVERGENCES OF COMPETITION LAW ARE (NOT) TOLERABLE ON THE PATH TO INTEGRATION

EXAMPLE OF REGULATING THE CONCENTRATION IN THE ACT ON COMPETITION

Summary/Abstract: In Bosnia and Herzegovina, the market competition law was regulated by the Law on Competition in 2001. However, the law was not applied but it only served as an instrument of the state power for declarative execution of the obligations required for EU integration. Thus, that law became a political declaration. The Council of Competition of B&H, which is exclusively authorized to apply the law for specific cases of competitive entities, was constituted only in 2004. The competitive entities did not implement the law directly, because the competitive politics and competitive culture did not exist (ex officio)at all. In addition, from the aspect of legislative drafting, the law was unclear, incoherent, and incomplete as to its content structure, as well as contradictory. For these reasons, a new Act on competition was enacted in 2005, and the former ceased to be valid.

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