Competition Law at Albania
Albania's competition law is primarily governed by Law No. 9121/2003, titled On the Protection of Competition, which was enacted on July 28, 2003, and later amended by Law No. 10317/2010 on September 16, 2010. This legislation aims to promote and protect free and effective competition in the Albanian market, thereby enhancing public welfare. The law is enforced by the Albanian Competition Authority (Autoriteti i Konkurrencës, ACA), an independent public body established on March 1, 2004.
1. Prohibited Practices:
Anti-competitive Agreements: The law prohibits agreements between undertakings that have as their object or effect the prevention, restriction, or distortion of competition in the market.
Abuse of Dominant Position: It is unlawful for an undertaking to abuse its dominant position in the market, such as by imposing unfair prices or limiting production.
Merger Control: The law establishes thresholds for mergers and acquisitions that may significantly impede effective competition.
2. Competition Authority:
Composition: The ACA comprises a five-member Commission, appointed by the Albanian Parliament for a five-year term.
Functions: The ACA is responsible for investigating anti-competitive practices, reviewing mergers, and promoting competition policy.
Powers: The ACA has the authority to conduct investigations, impose fines, and take corrective measures to restore competition.
🔄 Recent Developments
In November 2023, the ACA submitted a draft law proposing amendments to Law No. 9121/2003. The draft aims to:
Harmonize with EU Acquis: Align Albanian competition law with EU standards, including regulations on merger control and protection of trade secrets.
Enhance ACA Powers: Grant the ACA additional competencies, such as investigating public procurement procedures in cooperation with the Albanian Public Procurement Commission.
Address New Market Practices: Introduce provisions to tackle emerging issues like "killer acquisitions" and collusive bidding in public procurement.
⚖️ Enforcement and Sanctions
The ACA actively enforces competition law through investigations and sanctions. In 2022, the ACA imposed fines totaling ALL 224,225,947 (approximately €1.9 million) for violations of competition law, marking the highest penalties in the past five years. Investigations have targeted sectors such as fuel distribution, telecommunications, pharmaceuticals, and construction materials.
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