Pravna zaštita konkurencije u međunarodnoj trgovini
Serjević, Vanja V.
Faculty:Универзитет у Нишу, Правни факултет
Ćirić, Aleksandar Lj.
Jovanović Zattila, Milena LJ.
Cvetković, Predrag N.
Spasić, Vidoje Ž.
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Globalization of the world’s economies, accompanied by the integration of states of different development level under the World Trade Organization’s legal auspices – presents important challenge for developing states, as well as for transition states, with Serbia as one of them. Opting for the policy of privatization of socially-owned and state property, as well as for the policy of trade liberalization by removing and substantial lessening of tariff and nontariff protectionist measures – on the road to its membership of the WTO and EU – Serbia has also bound itself to approximate its legal system to institutional and legal postulates of contemporary international trade. Competition law (antitrust), along with the trade law, as well as the foreign investments law and IP law – take the central role in the transitional reform of the Serbian economic and legal system. Internationally, the aim of competition law is to prevent business practices which substantially restrict or distort the process
of free inter-state trade, thereby annulling or minimizing the results of liberalization. Those business practices – such as cartels, abuse of monopoly and mergers which create or intend to create market monopoly/olygopoly – have detrimental effects similar to those of the state tariff and nontariff protectionist measures. International aspect of competition law has not yet been thoroughly investigated in domestic legal literature, and this point played an instigative role in the choice of the thesis. The thesis’ object is to bring to attention various forms of competitive harm in international trade, as well as the main institutional and procedural mechanisms of its prevention and penalization – on the national and the international level. The importance of the research lies in its actuality and potential contribution to establishing and enforcing legal framework able to institute and promote Serbian national competitiveness in the global trade. Distinct contribution of dissertation is in its comparative analysis of Serbian competition law in respect to the laws of Slovenia, Germany and European Union, as well as in the suggested measures for normative and effective competition policy promotion in Serbia, with due respect for the special treatment of small-and-medium sized enterprizes and agricultural sector. The author has used multiple methods of scientific research: deductive and analytical (in gathering, comparing and analysing the original and derivative documentation), historicaldescriptive (by assessing the causes and evolutionary incentives in the development of competitition law); synthesis (recognizing the manifested types of competitive harm and instruments for protection); analytical-synthetic-dialectic (in order to recognize the identities and their inter-dynamic i.e. causal relation); inductive (taking the thorough insight of the best practices in competition law enforcement of the developed states). The knowledge accumulated using those methods was further supplemented with the use of the explicatorycausal and creative synthesis, comparative and empirical-explicatory analysis, as well as predictive induction – in order to assert the following presupposed research hypotheses: 1) that the competition law is the necessary precondition for the development of social systems founded on the principles and ideology of liberal democracy and market economy; 2) that the effective protection of international competition is an essential element of the accession to WTO and EU membership; 3) that the liberalization of international trade and effective protection of international competition are complementary aspects of the global economy; 4) that there is the need for transitional and developing states to assume special trade and competition policy which suits their development strategies; 5) that there is necessity for the competition law harmonization; and 6) that the supra-national legal mechanism should be established in order to effectively protect international competition. The structure of the dissertation is as follows: The Introductory part deals with concepts and definitions of competition and competition law, as well as with the main economic theories of competition and competition law evolution. The First Part, under the heading: ’Protection of Competition in the National Law’, contains overview of the national competition legal systems in the United States of America, Great Britain, Germany and Slovenia. The aim is to compare those laws with the law in Serbia in order to make conclusions on its current state and its potentials in the process of harmonization. The Second Part, under the heading: ’Protection of Competition in International Trade’, deals with the main theme of the research, which is the protection of competition in international trade, as prescribed by the international legal and soft-law instruments, such as: the law of the World Trade Organization, European Union’s law, regional trade agreements, UN Model Law on Competition (2010), recommendations and other soft-law instruments of the Organization for Economic Co-operation and Development, bilateral agreements and other instruments of the inter-state co-operation in competition law cases. This part of dissertation explains the issues and challenges of the antitrust harmonization process on the global level, as well as the issue of the international co-operation between national competition authorities. The Third Part, under the heading: ’Legal Protection of Competition in Serbia“, contains comparative and critical analysis of Serbian competition law in relation to the laws of the European Union, Germany and Slovenia. The Conclusion is the last part of dissertation and contains the author’s affirmative statements of the presupposed research hypotheses. The dissertation confirms the thesis that the effective protection of competition on the national market, along with the effective protection of competition between nationaView More
Keywords:konkurencija; competition; international; trade; cartels; monopoly; olygopoly; concentration; harmonization; međunarodni; trgovina; karteli; monopol; oligopol; koncentracija; harmonizacija