Parliament of Kosovo

“ An agreement between undertakings that concerns goods and/or services and affects a market within Kosovo is prohibited insofar as it restricts a party in its freedom to determine the prices charged to third parties or any material term of agreements concluded with third parties. ”

“ No person or undertaking shall cause or threaten any type of harm to another person or undertaking for the purpose of causing such other person or undertaking to refrain from filing a complaint, or pursuing a complaint already filed, with the KCC or the concerned District Court containing allegations of violations of the present law. ”

“ Five or fewer undertakings are presumed to have a dominant position if they have a combined market share of at least 70 percent. A presumption established by this Article 14.4 shall not be applicable if the undertakings concerned can convincingly demonstrate that the conditions of competition may be expected to maintain substantial competition between them or that, collectively, they do not have a paramount market position in relation to their remaining competitors, taking into account the factors specified in Article 14.1.b. ”

“ The decision of the concerned District Court on the legal validity of the seizure may be appealed to the Supreme Court. If the concerned District Court decides that the seizure was not legally valid, and the KCC informs such court that it intends to appeal such decision, the such court may – if it believes such action is necessary to ensure the integrity of the seized items or their presence in Kosovo pending such appeal – order that the seized items be sealed and impounded until such appeal has been decided. ”

“ Dominant undertakings and associations of undertakings shall not use their market position to cause other undertakings to grant them preferential terms unless there is an objective justification for such preferential treatment.
16.4. An undertaking having superior market power in relation to small and medium-sized competitors shall not use their market power directly or indirectly to hinder such competitors in an unfair manner. ”

“ The prohibition of Article 3.1 does not extend to:
a. an agreement between two or more undertakings if such undertakings form or are part of a single economic unit, even if such undertakings are legally distinct undertakings. In particular, an agreement between a parent and its subsidiary, or between two subsidiaries having a common parent, shall not be subject to the prohibition of Article 3.1 if such subsidiaries have no real freedom to independently determine the course of their actions on the market; or
b. ”

“ Persons and undertakings are required to permit officials of the KCC who possess a court order issued under Article 32.2 to conduct the concerned inspection and to cooperate fully with such officials during the conduct of such search and inspection. ”

“ A candidate must receive a majority vote in the entire Assembly to be appointed. The Assembly shall have the right to reject any or all of the candidates submitted by the Government and to request the Government to identify and submit the names of other candidates. If the Government fails to fulfill its obligations under this Article 25.3 within 90 days, the concerned committees of the Assembly may independently identify, interview and recommend candidates to the Assembly.
25.4. No person may be appointed or serve as a member of the KCC if he/she ”

“ Such an abuse exists, in particular, if:
a. the recommendation or its combination with other restraints of competition is likely to increase the price of the goods or to prevent their prices from decreasing, or to restrict their production or sale;
b. the recommendation is likely to deceive consumers as to the price demanded by the majority of the addressees of the recommendation;
c. the recommended price significantly exceeds, in the majority of cases, the prices actually demanded in Kosovo or in a substantial part thereof; or
d. ”

“ An application for an exemption shall contain the following:
a. The registered names and addresses of the participating undertakings;
b. The name, address and contact information of the natural person who has been formally authorized by the participating undertakings to represent them in connection with the application;
c. A copy of the concerned agreement; and
d. ”

“ An owner, officer, manager or employee of the undertaking shall have the right to observe the conduct of the search and inspection. Immediately prior to commencing an inspection, the officials of the KCC shall inform an owner, officer, manger or employee of the undertaking of such right.
33.3. During such a search and inspection, the officials of the KCC have the right and authority:
a. ”

“ Provided that the term of the concerned restriction or obligation does not exceed the term of the legally protected right, Article 12.1 shall not apply to an agreement that imposes upon the purchaser or licensee of a legally protected intellectual property right:
a. ”