UTVRĐIVANJE POVREDE PRAVA KONKURENCIJE U BOSNI I HERCEGOVINI
DETERMINATION OF VIOLATION OF COMPETITION RIGHTS IN BOSNIA AND HERZEGOVINA

Summary/Abstract: The subject of the paper is the procedure for determining violations of competition law in Bosnia and Herzegovina, with a special emphasis on the decision-making procedure. Competition law is very important for the functioning of the market, and in Bosnia and Herzegovina it is harmonized with the law of the European Union. The Competition Council of Bosnia and Herzegovina decides on the initiation of the procedure, which may be at the request of a party or by official duty. Judicial protection is provided by the Court of Bosnia and Herzegovina, as a lawsuit can be filed against the decisions of the Competition Council. The positive rules on competition contain a very advanced rule that when making decisions, the Council of Competition, for the purpose of evaluating a given case, can use the case law of the European Court of Justice and the decisions of the European Commission, but also a rule that in some cases makes it impossible to make a decision. When standardizing the rules for decision-making, constitutivity was misinterpreted, which is why it is possible that the Council of Competition cannot make a decision. One such case from court practice is analyzed in the paper. It is concluded that it is necessary to directly apply the European Convention for the Protection of Human Rights and Fundamental Freedoms and the Constitution of Bosnia and Herzegovina when making a decision contrary to the legal provision, and to delete the rule applying the principle of constitutivity when applying competition law.

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