Organi za varstvo konkurence

slovenian

2024

volume 50, issue 6/7

Narodna in univerzitetna knjižnica
(Obvezni izvod spletne publikacije)

The article examines the complex role and effectiveness of competition protection authorities (agency/office/commission) which are critical for applying competition theory in practice. While robust theoretical frameworks exist, their successful application depends on skilled institutions, raising issues around the legislative frameworks, agency positioning within the system, and the overall effectiveness of these agencies. Current evaluation methods, like counting the number of cases initiated or concluded, are considered inadequate since they overlook the actual impact of these actions on the economy. Studies and analyses illustrate the limitations of such statistical measures and stresses the need for a deeper understanding of the doctrinal and practical significance of individual cases. The development of competition protection agencies stems from the need to ensure fair market practices and protect consumer interests. These agencies are typically established as independent bodies, granted specific powers to enforce competition laws, conduct investigations, issue penalties, and provide market guidance. However, they face systemic challenges, such as limited jurisdiction, legislative gaps, conflicts of interest, resource constraints, and delays in proceedings. Key systemic problems include globalisation, digital economies, market concentration, technological advancements, evolving business practices, and legal complexities. Effectiveness is measured by the degree of independence from political pressures, clarity of legal frameworks, deterrent effect of enforcement actions, and procedural efficiency. The article concludes that addressing these challenges requires a multi-faceted approach involving robust enforcement, stakeholder engagement, and continuous market monitoring.

08.12.2025