Tusevska, Borka (2020) The concept of Leniency in European competition law. In: Bratislava Legal Forum 2020, Bratislava, Slovakia.
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Abstract
Abstract:
The main subject-matter of this research is the “leniency” concept in European
competition law. The focus of the research are the advantages and disadvantages of
“leniency” in the process of combating non-loyal competition, i.e., detection of cartels.
„Leniency“ in EU is a fruit of special EU policy and it is implementation is result of
special EU strategy in struggle against fixing the purchase or selling prices or other
trading conditions, limit the production or establish sales quotas, share the markets,
make arrangements for participation in tenders, limit the import or export, and/or anticompetitive behavior towards other undertakings - competitors to the cartel participants.
The dominant research methods will be analytical-descriptive method,
comparative method and methods of deduction and induction. The historical method,
the method of synthesis, abstraction, and generalization will be used in some of the
analyses of the individual aspects of this problematic. Using the analytical-descriptive
and comparative method, comparative solutions will be analyzed to determine the
genesis and development of the concept of "leniency", the "leniency" policy, i.e., the
"leniency" program in the EU. This is a consequence of the fact that basically all
international solutions are a kind of compromise between the Member States, regarding
certain issues. The main goal of this survey is to ascertain the benefits of the
implementation of “leniency” concept, analyzing relevant theoretical data, case study
materials, judicial and arbitral decisions, and the most crux, the decisions of the
European Commission, as the body with jurisdiction on the processes of combating
unfair competition. The entire research is based on the theoretical analysis, supported
by practical cases about all aspects of the research. This research place special
emphasis on the implementation of the „leniency“ in the Republic of North Macedonia,
as a state a with small economy, and special market characteristics and market
structure. In this part, special attention will be paid on the question, what are the effects
of the implementation of this concept in Macedonian competitive law. The results of the
research will be compared with comparative solutions in separate member states and
non-member states, but with similar market structure and characteristics to the
Macedonian economy. Finally, the expectations are to identify the effects of the
implementation of the “leniency” concept and to give a proper assessment of its
advantages.
Key words: leniency programme, cartels, European commission, “one-stop shop
system”, liability.
| Item Type: | Conference or Workshop Item (Paper) |
|---|---|
| Subjects: | Social Sciences > Law |
| Divisions: | Faculty of Law |
| Depositing User: | Borka Tusevska |
| Date Deposited: | 16 Jan 2021 19:10 |
| Last Modified: | 16 Jan 2021 19:10 |
| URI: | https://eprints.ugd.edu.mk/id/eprint/26974 |
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