On September 30, Group for Legal and Political Studies held a Press Conference to release a Policy Report entitled: ‘The Performance of the Kosovo Competition Authority’, held in Prishtina.  Given the fact that the market in Kosovo is not properly regulated and followed by numerous monopolies which seriously harm the consumers and the market in general, GLPS has draft a Policy Report that aims to analyze the overall performance of the institutions that is directly in control on establishing a proper, fair and competitive market, namely, the Kosovo Competition Authority. In addition to assessing its performance since the establishment, the report also evaluates its operational and budgetary capacities. Furthermore, it also offers an overview of the legislative framework with regard to the private enforcement mechanisms, umbrella-pricing effect, recognition of buyers’ legitimacy who were indirectly affected by cartels, as well as the legal responsibilities of enterprises involved in a cartel for the damages inflicted. During the conference, Ms. Elshani, co-author of the report, stated that the performance of the Kosovo Competition Authority is considered rather modest and unsatisfactory in terms of regulation the unfair competition of the Kosovo market. Moreover, she highlighted the fact that this Authority lacks transparency in publishing all the decisions undertaken on the investigated cases, as well as their annual reports.  Having said this, not being transparent on providing information on their achievements and failures, prevents other stakeholders and institutions to evaluate their performance, in general. The report finds that one of the main reasons for the low performance is their failure to establish and functionalize their Commission for a considerably long period, mainly due to a lack of governmental will to propose a list of candidates for this body. There were speculations that the selecting process of the members of this Commission was highly politicized which directly affected the delaying of the process.  In addition, the lack of expertise and competent staff and Commission’s members which negatively affects their investigative and decision-making capacity and the budgetary constraints are another factors that have affected the performance of the Kosovo Competition Authority. Finally, GLPS reiterated the need for a more commitment from this Authority, in specific to investigation of sensitive cases that hinder fair and free market competition, such as vehicle homologation, cable services, insurance companies, banking and pharmaceutical sectors, and aviation companies, among others.   To access the Report, please click here.

Venue: Group for Legal and Political Studies Office (str. Rexhep Luci, 16/1, Prishtina, Kosovo)