Određivanje monopolističkih sporazuma u pravima Bosne i Hercegovine i Evropske unije
Defining monopolistic agreements of laws in Bosnia and Herzegovina and European Union

Summary/Abstract: Present BH competition law is by concept, sources, structure, institutions and importance of antitrust fully comparable with the basic model existing in the comparative law. Antitrust provisions of BH Competition Act 2005 and Competition Council regulations are drafted after TEU and secondary sources of EU law. The paper primarily examines degree of technical harmonization between BH and European Union in determining monopolistic agreements. In this ambit author found three minor and one substantial disparity. Crucial difference is EU alternative and BH cumulative treatment of prerequisites for prohibition of monopolistic agreements. Art. 85 (1) TEU prohibits agreements which have as their “object or effect” negative impact on competition, while Art. 4 (1) of BH Competition Act prohibits only agreements which as “object and effect” have prevention, restriction or distortion of competition. Cumulative approach is essentially limiting scope of application of BH law and should be changed as soon as possible.

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