Expanding the Definitions of 'Undertaking' and 'Economic Activity': Application of Competition Rules to the Actions of State Institutions in Bosnia and Herzegovina
Yearbook of Antitrust and Regulatory Studies, Vol. 6, No. 8, pp. 11-33, 2013
23 Pages Posted: 4 Mar 2014
Date Written: 2013
State-initiated competition restraints remain a recurrent problem for competition law enforcement in transition economies characterized by a history of price controls and extensive State regulation of economic activities. The application of the concepts of ‘undertaking’ and ‘economic activity’ to the actions of State institutions, as developed in EU competition law, allows national competition authorities to enforce competition rules against public bodies. EU candidate countries, as well as States aspiring to a candidate status, have been continuously reforming their competition laws, aligning them with acquis communautaire and applying EU competition law concepts and standards in their domestic enforcement practices. This paper deals with the particularities of the application of competition rules to the actions of State institutions in Bosnia and Herzegovina. A detailed study of emerging domestic case law demonstrates significant deviations in the interpretation and application of these well known competition law concepts. The legislative and enforcement peculiarities observed in the target jurisdiction are compared with those found in EU competition law and in the legal systems of neighbouring countries.
Keywords: anti-competitive agreement, antitrust enforcement, Bosnia and Herzegovina, economic activity, sanctions and penalties, State institutions, undertaking
Suggested Citation: Suggested Citation