The Impact of Leniency Policy on Private Enforcement of Competition Law: The EU Provisions and the Albanian Approach
The Impact of Leniency Policy on Private Enforcement of Competition Law: The EU Provisions and the Albanian Approach

Author(s): Monika Canco
Subject(s): Social Sciences
Published by: Udruženje ekonomista i menadžera Balkana
Summary/Abstract: The scope of this paper encompasses an analysis of the leniency policy introduced by the European Union (EU) public enforcement of competition law and its interaction with private enforcement of competition law, particularly focusing on the approach and challenges of Albania as an EU candidate country. The purpose of this study is to examine the nature, characteristics, and effectiveness of the EU leniency policy within the context of competition law enforcement. It investigates how the leniency policy affects private enforcement of competition law, particularly in relation to evidence disclosure and joint and several liability. Even though private and public enforcement of competition law are considered to be complementary, the practice has shown that conflicts may arise, especially with the implementation of leniency policy. In addition, this paper aims to examine the Albanian approach to leniency policy and examine possible challenges of the Albanian private enforcement of competition law. The methodology employed in this study includes a desk review and a comparative study. The desk review methodology encompasses an analytical review of EU standards, treaties, and secondary legislation, Albanian legislation on civil judicial procedure and the public enforcement of competition law. Second, the comparative analysis is conducted to highlight similarities and differences between EU and Albanian competition law concerning leniency policy. In addition, the US example and its substantially different approach towards private enforcement of competition law is examined. The findings of this paper contribute to an understanding of the complex relationship between the EU public and private enforcement of the EU competition law (especially during leniency proceedings) and its implications for Albanian practice. Lastly, this study’s findings provide new insights into the EU-oriented future of the Albanian competition law, offering suggestions for possible amendments to the actual national competition legislation.

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