EU ANTITRUST: HOT TOPICS & NEXT STEPS

Prague, Czechia

EU ANTITRUST: HOT TOPICS & NEXT STEPS 2022

Effectiveness of Public Enforcement of Competition Law in Bosnia and Herzegovina Kanita Imamović Čizmić University of Sarajevo Faculty of Law Obala Kulina bana 7, Sarajevo, 71 000 Bosnia and Herzegovina e-mail: k.imamovic-cizmic@pfsa.unsa.ba Abstract The protection of competition in the market depends not only on the quality of legal regulationbut alsoon the effective enforcement of the law. Public enforcement of competition law implies that the procedure is initiated and conducted by public authorities or competition authorities, while private application implies filing a lawsuit for damages caused by anti-competitive behaviour. Bosnia and Herzegovina is a country in transition and development that does not inherit a long culture of competition and on the way to membership in the European Union encounters many obstacles, including those related to ensuring effective protection of market competition. The paper will present the institutional aspect of competition protection in the market of Bosnia and Herzegovina and give an analysis of the efficiency of the Council of Competition as authorities responsible for public enforcement of competition law. The assumption is that the GDP growth, corruption intensity, intensity of local competition, and extent of market dominance affect the effectiveness of antimonopoly policy in Bosnia and Herzegovina and that reforms of the competition law regime and Council of Competition coordination of effort with other institution in Bosnia and Herzegovina are necessary to obtain better competition law results. Keywords: effectiveness of antimonopoly policy, extent of market dominance, intensity of local competition JEL Classification: K210 1. Introduction Competition policy is a public policy that aims to ensure that market competition is not restricted, distorted, or hindered by business practices of economic entities, which creates harmful consequences for the economy and the state. Competition law is a tool for achieving the goal of competition policy. The law and other legal acts therefore regulate certain business practices that may result in negative

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