The effect of the European integration process on the development of competition law in Bosnia and Herzegovina Cover Image

Efekat procesa evropskih integracija na razvoj prava konkurencije u Bosni i Hercegovini
The effect of the European integration process on the development of competition law in Bosnia and Herzegovina

Author(s): Samir Sabljica
Subject(s): EU-Accession / EU-DEvelopment, EU-Legislation, Commercial Law
Published by: Direkcija za evropske integracije Vijeća ministara Bosne i Hercegovine
Keywords: competition; Competition Council; European integration;

Summary/Abstract: The subject of this legal analysis is the development of competition law in Bosnia and Herzegovina as a repercussion of the European integration process. The transposition of the EU legislation and the construction of institutional infrastructure in the field of competition is extremely important for the transition countries, candidate countries and those that do not have a long tradition of consuming the market economy, such as Bosnia and Herzegovina. The paper analyses competition law of Bosnia and Herzegovina, which is part of the competition protection policy. It sublimates anti-trust legislation regulating monopoly, but also limiting all forms of prohibition of the conduct of market operators that can be potentially detrimental to the competition policy effects, and therefore lead to limiting, preventing and distorting competition. The paper examines the normative framework of competition in Bosnia and Herzegovina and the effects of the work of the competition regulatory body, i. e. the Competition Council. The basic hypothesis of the paper is that the existing BiH Law on Competition should be further aligned with the EU acquis. It is impossible to join the EU without further, continuous alignment of BiH legislation with EU acquis in this area. It is necessary to ensure the consistent and proper application of competition legislation, first by institutional strengthening of the Competition Council as the body tasked with implementing this legislation. It is also emphasised that the competition policy is one of the building blocks of a single market of BiH and that the rules and standards of the EU must be followed in this area. During the preparation of the work, the following methods were used: normative, comparative, historical, content analysis and exegetical (critical interpretation of texts).

  • Issue Year: 2023
  • Issue No: 10
  • Page Range: 11-35
  • Page Count: 25
  • Language: Bosnian