Institutional Design, Efficiency and Due Process in Competition Enforcement: Lessons from Slovenia and Serbia
The article compares the institutional designs and historic legacy of the Slovenian and Serbian competition enforcement framework, and discusses the advantages and drawbacks of each model. Slovenia implemented a mixed model, where the competition enforcement procedure is divided into functionally...
| Main Authors: | , |
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| Format: | Article |
| Language: | English |
| Published: |
University of Warsaw
2020-11-01
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| Series: | Yearbook of Antitrust and Regulatory Studies |
| Subjects: | |
| Online Access: | https://yars.wz.uw.edu.pl/images/yars2020_13_22/YARS_13_22_5_Smiljanic_Rihtar.pdf |
| Summary: | The article compares the institutional designs and historic legacy of the Slovenian
and Serbian competition enforcement framework, and discusses the advantages
and drawbacks of each model. Slovenia implemented a mixed model, where the
competition enforcement procedure is divided into functionally separate investigation
and misdemeanour administrative procedures for the imposition of sanctions. The Slovenian model has generally been perceived as inefficient, with specific
difficulties arising from the unclear relationship between the administrative and
the misdemeanour procedures. On the other hand, Serbia significantly changed its
institutional design in 2009 from its Austrian-inspired roots to a single administrative
procedure. The new system appears to have been more effective, but strong judicial
safeguards are necessary. The Authors further review the matter from a national and
international point of view, considering the ECN+ Directive and the case-law of the
Court of Justice of the European Union and European Court of Human Rights. |
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| ISSN: | 1689-9024 2545-0115 |