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Dafina Vlahna
University of Pristina “Hasan Prishtina”, Faculty of Law, Pristina, Kosovo

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Competition Law Convergence in Kosovo: Lessons from Croatia’s European Union Integration Kastriote Vlahna; Dafina Vlahna; Hajredin Kuçi; Argona Kuçi
Lambung Mangkurat Law Journal Vol. 11 No. 2 (2026): September
Publisher : Program magister Kenotariatan Fakultas Hukum Universitas Lambung Mangkurat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32801/.v11i2.321

Abstract

This article compares competition legislation and enforcement practice in the Republic of Kosovo and the Republic of Croatia to assess their alignment with European Union standards and their capacity to operate within the European internal market. Existing scholarship treats the two jurisdictions separately and, since Kosovo adopted Law No. 08/L-056 on Protection of Competition in 2022, has given limited attention to the relationship between formal legal approximation and actual enforcement capacity. This study addresses that gap. Using a comparative legal method, it examines the statutory frameworks, decisional practice, and institutional design of each competition authority against the benchmark of Articles 101 and 102 of the Treaty on the Functioning of the European Union and Regulation (EC) No 139/2004. The analysis shows that Kosovo has advanced substantially in legal harmonization but that its enforcement practice, economic analysis, and institutional independence remain constrained. Croatia, a Member State since 2013, presents a more consolidated model supported by leniency arrangements, credible sanctions, and participation in the European Competition Network, although its institutional maturity developed gradually and remains incomplete. The two systems share weaknesses, including limited technical capacity and an underdeveloped culture of internal reporting, yet they differ markedly in institutional performance and credibility. The study’s novelty lies in treating legal convergence and enforcement capacity as two distinct analytical dimensions rather than a single continuum, which permits a more precise diagnosis of Kosovo’s position. The article concludes with targeted recommendations for Kosovo on strengthening the Competition Authority, making enforcement procedures more predictable, and deepening institutional cooperation and competition advocacy to build a competition culture capable of sustaining integration into the European market.