Training activity on topic: “Control of concentrations, procedural issues. The obligation of preliminary notification”

The School of Magistrates, on 25 – 26 November, 2024, with different groups of participants had the training activity on topic: 

“Control of concentrations, procedural issues. The obligation of preliminary notification: ceilings and rules for the calculation, phases of the examination and criteria for the accordance with procedural rules. Appeal to the court for procedural mistakes or the non-respect of the rights of defense.”

The activity is organized by the School of Magistrates in cooperation with UN experts (UN Trade and Development). The training activity is a two – day activity and is done at the School of Magistrates. 

This activity is  led by: 

Experts: Aida Bushati; Denar Biba; Santiago Soldevila; Joaquin Fernandez; Juan Luis Crucelegui  

Facilitator: Mediana Meta  

The purpose of this training is: 

To be increased knowledge and capacities of magistrates in the application of the law on competition following and making the analysis of the best European practices in this field. To be understood the role and the spaces of the action of courts in the judgment of cases that include the violation of competition, either having an administration and criminal nature. To be evidenced the difficulties of the application of complex rules of competition by the side of the court as well as to be discussed the interaction and the division of duties between the Authority of Competition and courts in the addressing of conducts of competition. 

In this training activity will be elaborated different topics, such as:  

1. The purpose of the rules of competition and the role  of AC. Violations of competition according to law and practice. Prohibited agreements. Control of concentrations. Investigation procedures – inspection of companies. Temporary measures/fines. 
2. Legal framework for the protection of competition in the Republic of Albania. Facilitation of measures/fines. The administration review of issues of competition. Conditions of the assuring of lawsuit. Limits of the judicial review of the AC decisions. How are treated agreements, dominant position to the market, control of concentrations? What is the role of AC? 
3. What is the attitude of the CC regarding the restrictions of economic freedoms including even competition? What are the expectancies of the AC for the role of courts in this process? What is the role of the EU and ECtHR for issues of competition? 
4. The role of SAA in the lining of the rules of competition with those of the EU. The constitutional review of the issues of competition. 

In this training activity participate judges, prosecutors, of the Republic of Albania, state advocates at State Advocacy.