The Role of the Judiciary in Effective Enforcement
of Competition Law in New Jurisdictions: the Case of Kosovo
The Role of the Judiciary in Effective Enforcement
of Competition Law in New Jurisdictions: the Case of Kosovo
Author(s): Avdylkader Mucaj, Isuf ZejnaSubject(s): Public Administration, Public Law, Law on Economics, Court case
Published by: Wydawnictwo Naukowe Wydziału Zarządzania Uniwersytetu Warszawskiego
Keywords: competition law enforcement; role of judiciary; commercial court; private enforcement; stand-alone actions;
Summary/Abstract: This paper aims to discuss the role of the judiciary in the effective, or ineffective, enforcement of competition law. It analyses those jurisdictions that can still be considered ‘new’ in the field of competition law, in particular the case of Kosovo, and by using qualitative research methods. The paper addresses the main findings characterizing the weak enforcement of competition law by the judiciary in Kosovoover a period of a decade, that is, from when the courts have started hearing competition cases since 2010. On the other hand, the paper places special attention to the establishment of the Commercial Court in Kosovo in 2022, which now has jurisdiction over the judicial review of competition decisions. The last part of the paper considers recent legal changes in the field of private enforcement of competition law. Kosovo’s new competition legislation, approved in 2022, expressly provides for the right to compensation for damage.
Journal: Yearbook of Antitrust and Regulatory Studies (YARS)
- Issue Year: 16/2023
- Issue No: 27
- Page Range: 133-152
- Page Count: 20
- Language: English