Specificities (Anomalies) of Competition Law as a Constant in the Development of Competition Law in Bosnia and Herzegovina

Abstract

Modern competition law in Bosnia and Herzegovina was introduced through the Competition Acts of 2001 and 2005, reflecting the country’s commitment to European Union (EU) membership. The 2005 Act addressed many shortcomings of the earlier law and marked a step toward alignment with EU legal standards. However, several anomalies remain that undermine the efficiency of the Competition Council, the national competition authority, and raise concerns about the Act’s consistency with the EU competition acquis. This paper identifies key deficiencies in Bosnia and Herzegovina’s competition law enforcement, focusing on both structural issues and the limitations of judicial review of the Competition Council’s decisions. It also highlights substantive inconsistencies between domestic competition law and EU rules. Finally, the paper discusses the legal and practical consequences of these deficiencies and proposes alternative approaches to improve enforcement, ensure legal certainty, and better harmonize national law with EU competition policy.