Main Principles of the Competition Authority in the Republic of Albania
Main Principles of the Competition Authority in the Republic of Albania the Competition Authority is a public institution of the enterprise against the protection of competition in a significant way in Albania to serve the public interest.
The Competition Authority relies on three main pillars, which are:
1. Obtain prohibited agreements (cartels);
2. Abuse of a dominant position;
3. Mergers or concentrations of enterprises;
Except when you will find the central pillars, the CA also relies on the protection of customer integrations and the evaluation of normative acts that can make a fair competition. The Law “On Protection of Competition” serves as a kind of mechanism that gives the right of every individual to protect his interest that is directed to the Administrative Court of Tirana for a claim or to complain before the CA. 25 In the Law on the Protection of Competition in play II which corresponds to Articles 4-7 it seems plain conventional that they have the definition and duty to prohibit me in
Article 101 of the Lisbon Treaty.
In our legislation of the Competition Authority are prohibited all those powers that have as a consequence the obstruction, restriction, distortion of competition in the market. If you provide for 4 of the Law, the following are also specified:
a) set, directly or indirectly, purchase or sale prices, or any other trading condition;
b) restrict or control markets themselves, using technique or investment;
c) share markets or sources of supply;
d) in a trade contract with other parties, apply different conditions for information transactions, making them in a competitive position unfavorable;
e) condition the conclusion of contracts with the parties’ acceptance and other contracting of obligations that, due to the nature of their use of commercial tires, are not related to the objects of their contracts.
As in Article 101 of the Lisbon Treaty, so in our Law, Article 5, I make some exceptions when these needs are to be met by applying points 1 and 4 below, providing for mitigating circumstances or exceptions. Provision 5 and the Law on Protection of Competition clarify that “anything else which contributes to use or distribute products or to promote the advancement of technology or the economy, if a portion is sufficient to be due for favored customers, customers and when:
1. Do not allow the restriction of the activity of the appropriate enterprises, which are not necessary to achieve the above objectives;
2. It is not restricted, in a sensitive way, to risk competition about your products or services, their facilities may be affected. ”
In Article 6 of the Albanian Law, it is recommended that the “Commission for approval of regulation for the category of treatment that is exempted from the prohibition provided in point 1 of article 4. In this regulation which is done in detail the conditions that a device must meet, to use an exception to the prohibition provided for in point 1 of Article 4.”
Therefore, Article 7 of it has provided for the exclusion of skills of minor importance. Article 7 provides: “Exempt from the application of points 1 to sign 4 those things which do not allow themselves to feel competitors of a market risk, in the event that the rest of the trading of all undertakings together, will required in this way, does not exceed:
a) 10 percent of the relevant market, when children are current or potential competitors;
b) 15 percent of the relevant market, when the beneficiaries are not current or potential competitors. ”
As a result, Albanian Law is using strategies and policies like the European Union. About its use to ensure provisions 5,6,7 that cannot harm competition in a free state and must do what needs to be done, this is provided in Articles 49 and 50 of the Law “On Protection of Competition “.
Below, Chapter II of the Law owes Articles 8-9, which provides for the abuse of the dominant position that an enterprise has in the market. Article 8 focuses on the assessment of the prevailing market position to be taken: The dominant position is one or more undertakings assessed, taking into account, as:”
a) perfect the trade of the enterprise or the enterprise under consideration and the competition of others;
b) barriers to entry into the relevant market;
c) potential competition;
d) economic and financial power of enterprises;
e) the dependence of the economy of suppliers and buyers;
f) the countervailing power of the buyers;
g) the distribution network of the enterprise and the possibility of using the resources of the products;
h) economic relations with other enterprises;
t) other characteristics of the relevant market such as product homogeneity, market transparency, cost uniformity and size of enterprises, demand stability or capacity