The rise of the digital economy has challenged the traditional enforcement of competition rules. Many countries have amended their domestic competition legislation to address the behaviour of large online platforms. Also, the EU adopted a regulation, commonly known as the Digital Market Act, to address the gatekeeper power of the largest digital companies. On the other hand, the competition bodies are restructuring their structure by establishing a unit or appointing a person to deal with large online platforms. In Albania, the situation is quite different. Addressing the challenges of technological development is a priority of the Albanian Competition Authority. However, no legislative measure has been introduced. This paper discusses the enforcement of competition rules in the Albanian digital market and the main challenges that Albanian Competition Authority faces with online platforms. The main methodology is that of doctrinal legal research, which consists of an analysis of the current competition legislative act and the national competition authority case law. After a short introduction, the second section provides an overview of the features of the digital economy and platforms. Then, the paper analyses recent legislative acts adopted in the EU and Germany, outlining the main novelties introduced (third section). The fourth section deals with the current legal framework for Albanian competition and the discusses the challenges faced by online platforms. The paper argues that the Albanian Competition Authority’s role in the digital market enforcement is limited due to the absence of (i) a regulatory legal framework, (ii) a sufficient number of human resources and (iii) sufficient financial, technical and technological resources to deal with the digital market.

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Competition Law Enforcement in Albania: Challenges from Online Platforms

  • Gentjan Skara,
  • Najada Kilic

摘要

The rise of the digital economy has challenged the traditional enforcement of competition rules. Many countries have amended their domestic competition legislation to address the behaviour of large online platforms. Also, the EU adopted a regulation, commonly known as the Digital Market Act, to address the gatekeeper power of the largest digital companies. On the other hand, the competition bodies are restructuring their structure by establishing a unit or appointing a person to deal with large online platforms. In Albania, the situation is quite different. Addressing the challenges of technological development is a priority of the Albanian Competition Authority. However, no legislative measure has been introduced. This paper discusses the enforcement of competition rules in the Albanian digital market and the main challenges that Albanian Competition Authority faces with online platforms. The main methodology is that of doctrinal legal research, which consists of an analysis of the current competition legislative act and the national competition authority case law. After a short introduction, the second section provides an overview of the features of the digital economy and platforms. Then, the paper analyses recent legislative acts adopted in the EU and Germany, outlining the main novelties introduced (third section). The fourth section deals with the current legal framework for Albanian competition and the discusses the challenges faced by online platforms. The paper argues that the Albanian Competition Authority’s role in the digital market enforcement is limited due to the absence of (i) a regulatory legal framework, (ii) a sufficient number of human resources and (iii) sufficient financial, technical and technological resources to deal with the digital market.