The Role of the Judiciary in Effective Enforcement of Competition Law in New Jurisdictions: the Case of Kosovo

Abstract

This paper aims to discuss the role of the judiciary in the effective, or ineffective, enforcement of competition law. It analyses those jurisdictions that can still be considered ‘new’ in the field of competition law, in particular the case of Kosovo, and by using qualitative research methods. The paper addresses the main findings characterizing the weak enforcement of competition law by the judiciary in Kosovo over a period of a decade, that is, from when the courts have started hearing competition cases since 2010. On the other hand, the paper places special attention to the establishment of the Commercial Court in Kosovo in 2022, which now has jurisdiction over the judicial review of competition decisions. The last part of the paper considers recent legal changes in the field of private enforcement of competition law. Kosovo’s new competition legislation, approved in 2022, expressly provides for the right to compensation for damage.

Keywords

• competition law enforcement
• role of judiciary
• commercial court
• private enforcement
• stand-alone actions