engleski

Quest for Purpose of Competition Rules in European Post-Socialist Countries: The Role of Legal Culture

More than thirty years after the democratic and economic transition, a legacy of authoritarian legal culture, in post- socialist countries, still limits the effectiveness of competition enforcement. Mainly concentrating on the example of Croatia but having in mind also the experience of the countries that acceded to the Union in 2004 and 2007, I show examples of post-accession case law which are illustrative of excessive judicial formalism, disassociation between the legal norm and its socio-economic context in judicial interpretation, and a very slow reception of EU competition law tradition. This gravely undermines the public interest role of competition policy and ultimately undercuts the goals of the ECN+ Directive to establish competition authorities as effective enforcers of antitrust rules.

competition law, legal culture, legal traditions, rule of law, post-socialist countries, Croatia

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