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Keywords

Independence, National Competition Authorities, Antimonopoly Office, of the Slovak Republic, institutional design, Directive 2019/1

Abstract

This paper analyses the independence of National Competition Authorities under legislation before Directive 2019/1 and after Directive 2019/1. The aim of the paper is to find out whether Directive 2019/1 addresses the problem of independence properly or not. In order to answer the question, it discusses what does the term ‘independence’ actually mean, especially in the view of scholars. Several aspects of independence are identified. Subsequently, this paper zooms in on what are current imperfections when it comes to the independence of National Competition Authorities. The Antimonopoly Office of the Slovak Republic (AMO) is discussed in particular. The paper then finds out what are the requirements set out by Directive 2019/1 and whether these requirements address the imperfection identified above. The paper confirms that these imperfections are covered only partially.

First Page

127

Last Page

148

Page Count

21

Received Date

10.06.2019

Accepted Date

01.07.2019

DOI

10.7172/1689-9024.YARS.2019.12.20.5

Publisher

University of Warsaw

Publication Date

2019-12-12

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