engleski

On the development of immature competition law systems – findings from an empirical study

Immature systems for regulating competition in the market are inherently prone to institutional instability, weak authority, and fragile track- record. Their development can go through a variety of lifecycles, and various factors can impact their evolution. Relying on previous literature to provide a theoretical framework for our research (in particular Kovacic & López-Galdos, 2016, and Aydin & Büthe, 2016), we have conducted an empirical qualitative research study in Croatia, for the period between 1995 and 2018. We have interviewed 40 persons in total (in-depth interviews), including past and current competition authority leadership, key competition authority staff, judges, practitioners, corporate lawyers, journalists, and academics. We have also conducted archival research as well as online research to find press reports related to the inception and subsequent development of the competition law system in Croatia, and we have analysed quantitative data to describe the development of the competition law system. Using content analysis software, we draw numerous insights from the dataset (interview transcripts, press reports, quantitative data). The methodology is based on the grounded theory approach. The aim is to develop a theory from the above-mentioned dataset which would detect, describe and discuss underlying reasons for immaturity of the competition law system in Croatia. Preliminary results point at two major issues. The first is the lack of proper embedding of the competition authority in the national governance landscape, including its visibility and relevance. The second issue is its functional self-suppression, possibly as a result of negative institutional memory. This kind of study has never been conducted for Croatia, and such studies are generally scarce. Our findings contribute to the broader literature on competition law systems development by confirming the relevance of specific factors that influence the evolution of those systems using the experience of a single jurisdiction.

competition law ; Croatia ; system development ; institutions

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