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Abstract(s)
This dissertation aims to explore the development and implementation of competition law in Kosovo as well as that of the European Union, which meet in the Stabilization and Association Agreement. By harmonizing its legislation with competition rules in the EU, Kosovo is in the process towards a competitive market. However, being a transitional state with a brief history of competition rules, it faces challenges in various fields, such as the functioning of the rule of law, high-level corruption, lack of transparency in public procurement, and law enforcement. The dissertation will identify the legal provisions on restrictive practices, explore the concepts of public services and public undertakings, and special or exclusive rights granted by the state to private undertakings, as per Articles 101-106 of the TFEU. These concepts will be explored in relation to the case of homologation of vehicles in Kosovo. Moreover, we will see how exclusive rights might lead to anti-competitive behaviour, especially in Kosovo's public services sector. Finally, it will examine the impact of these rights on the functioning and the process of market liberalization.
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Keywords
Competition law Exclusive rights Homologation