POSEBNE MJERE U KONTROLI KONCENTRACIJA U KONKURENCIJSKOM PRAVU EU I BIH
MERGER REMEDIES IN THE COMPETITION LAW OF EU AND B&H
Author(s): Mirza KulenovićSubject(s): Economy, National Economy, Business Economy / Management, International Law, Law and Transitional Justice, Law on Economics, Financial Markets, Public Finances, EU-Legislation
Published by: Visoka škola “CEPS – Centar za poslovne studije” Kiseljak
Keywords: merger remedies; structural measures; behavioral measures; Act on Competition of B&H; Competition Council of B&H;
Summary/Abstract: The focus of this article are the merger remedies. The article analyses procedural and substantive aspects of this notion, and particularly the applicable general principles, conditions for its implementation, various types of measures known to the comparative competition law, the appropriateness of the application of these measure in different circumstances, all with the overview of the relevant practice of the European Commission, but also the General Court and the Court of Justice of the European Union. Particular attention is paid to the analysis of the legislation of B&H, and the practice of the Competition Council of B&H, with the aim of ascertaining the normative and factual competency for the implementation of this notion. The conclusion of the article indicates that the competition law of B&H is not completely ready for the implementation of the merger remedies - structural and behavioral - in the procedure of the control of concentrations of the undertakings concerned.
Journal: Društvena i tehnička istraživanja
- Issue Year: 2/2016
- Issue No: 1
- Page Range: 119-145
- Page Count: 27
- Language: Bosnian