Europeanization of Competition Law and Policy in the Western Balkans: Causes and Effects

Abstract

This paper examines the transformation of competition law systems in the Western Balkans within the framework of European integration. It explores how the Stabilisation and Association Process has driven legislative harmonization with the EU competition acquis, noting that while formal alignment has largely been achieved, it often involved uncritical transposition of EU provisions without full understanding of their enforcement implications. The paper also analyzes the use of EU standards in domestic enforcement, highlighting frequent references to EU case law and principles, but also significant variation in their interpretation and application by national competition authorities (NCAs) and courts. Furthermore, it discusses the institutional shift from a judicial to an administrative enforcement model, aligning with EU practice and enhancing the role of NCAs. Despite these advances, challenges remain in ensuring consistent application of competition rules.