Certain articles of the Law on Protection of Competition prohibit abuse of a dominant position held by one or more operators in a market. In order to clarify how it intends to implement these articles, the Competition Authority recently issued an instruction outlining what constitutes a dominant position and how abuse of a dominant position is assessed.
In order to harmonise Albanian legislation with EU law, the Albanian Competition Authority has approved the Regulation on the Exemption of Research and Development (R&D) Agreement Categories. The regulation sets down the block exemption from applicable competition restrictions of agreements regarding the R&D of products or processes up to the stage of industrial application and exploitation of the results.
In order to harmonise Albanian legislation with EU law - and in particular with EU Regulation 1218/2010 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to certain categories of specialisation agreement - the Albanian Competition Authority has approved the Regulation on the Exemption of Specialisation Agreements.
During an investigation into the domestic procurement of auto vehicles, the Competition Authority discovered that several companies had established concerted anti-competitive practices. As a result, the authority imposed fines of between 2% and 10% of each company's turnover from the previous year. Additionally, it recommended the adoption of guidelines for the identification of future bid-rigging schemes in public procurement.
Parliament has approved Law 10,317 on Amendments to Law 9,121 on the Protection of Competition. The amendments were proposed by the Albanian Competition Authority as part of a special competition law review taskforce, with the aim of harmonising Albania's competition legislation with EU law.
Parliament recently approved the new Law on Administrative Contraventions. Based on the provisions of the new law, as well as on the proposed amendments to the Competition Law, facts constituting competition infringements should be considered and relevant fines decided by the Competition Authority.
The Competition Authority has proposed several amendments to the Competition Law in order to harmonize it with the EU regime. The amendments affect almost all chapters of the law, including those on anti-competitive agreements, merger control, dominance, notification and investigation procedures, fines and appeals and their execution.
The Competition Authority is a public independent authority established under Law 9121/2003 on Competition Protection. The law aims to harmonize the national legislative framework with EU law, and from the moment the law was enacted particular attention was given to the role of the Competition Authority in the implementation process.