Postupak za utvrđivanje zloupotreba dominantnog položaja u pravu konkurencije Bosne i Hercegovine

Abstract

The paper procedure for determining abuse of dominant position in the competition law of Bosnia and Herzegovina. Competition laws is very important for the functioning of the market, and is in line with the European Union. It is interesting that during the decision-making Competition Council, the purpose of assessment of the case, can be used the practice of the European Court of Justice and the decisions of the European Commission. The main role of the Competition Council is to determine the violation of competition laws, while in the European Union's role entrusted to the Commission. Following the example of the Commission should be strengthened and the capacity of the Competition Council in order to prevent more harm to competition regarding abuse of dominant position. Competition Council decided to initiate the procedure, but it can be at the request of a party or ex officio. When making decisions, we find that the mischaracterization of constituent status, which creates space obstruction, thus the possible ineffectiveness of the Council. Judicial protection provided Court of Bosnia and Herzegovina, because it are against the decisions of the Competition Council may declare claim. The specificity of the existence of the extraordinary remedy to review the decision of the Competition Council. The jurisdiction of the Competition Council and the forced execution of decisions.