THE DOMINANT POSITION IN THE LAW ON COMPETITION OF BOSNIA AND HERZEGOVINA Cover Image

DOMINANTAN POLOŽAJ U PRAVU KONKURENCIJE BOSNE I HERCEGOVINE
THE DOMINANT POSITION IN THE LAW ON COMPETITION OF BOSNIA AND HERZEGOVINA

Author(s): Adis Poljić
Subject(s): Law, Constitution, Jurisprudence
Published by: Pravni fakultet - Univerzitet u Zenici
Keywords: dominant position; the Competition Council; the European Court of Justice; substitutability; market; market share

Summary/Abstract: The paper elaborates dominant position in competition law of Bosnia and Herzegovina, which was standardized 13 years ago in the Law on Competition of Bosnia and Herzegovina. Identification of dominant position implies responding to complex economic and legal issues, primarily in defining the products or services market, the relevant geographic market and market share. In regard to analyzing the notion of dominant position and elaborating above mentioned important issues, paper refers to the practice of the Competition Council of Bosnia and Herzegovina, the most important decisions of the European Court of Justice and the practice of the United States of America. The practice of the courts in the United States influenced the practice of the European Union, especially in terms of determining the complex issues, because the competition law was created first in the United States. In addition to the elaboration of legal norms concerning dominant position, Decision on defining categories of dominant position and Decision on the definition of a relevant market closely regulating the dominant position, were included in the analyses.

  • Issue Year: 7/2014
  • Issue No: 13
  • Page Range: 117-134
  • Page Count: 18
  • Language: Bosnian