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Abstract

<jats:p>Throughout its operations, the Commission has experienced both notable achievements and significant shortcomings. These shortcomings primarily stem from legislative gaps, alongside a lack of professional expertise and practical skills among decision-makers. As the state body responsible for analyzing specific product markets, the Commission has occasionally made professional errors and omissions: particularly when defining market boundaries. Consequently, the number of competition-related cases brought before the judicial system has increased significantly in recent years. The purpose of this study is to identify the legislative gaps and methodological errors committed by the Commission when analyzing individual product markets. Furthermore, it seeks to highlight specific legislative deficiencies regarding the Commission's formation mechanism, which currently hinder its overall professional capacity. To achieve these objectives, a brief literature review was conducted, and a specific research methodology was applied. By examining the annual activity reports of the Commission for the Protection of Economic Competition, this study reveals the analytical errors made by this state body, as well as the omissions present in the Law on the Protection of Competition. Given that a large proportion of recent court cases dispute the defined boundaries of product markets (both in terms of product types and geographic regions), the authors propose embedding new mechanisms within the Competition Law. These mechanisms aim to safeguard the independence of the state body and elevate the professional standards of the Commission's members and staff.</jats:p>

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Keywords

commission professional product legislative state

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