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Training of Judges - Albanian Competition Authority


17 - 18 December 2015
Tirana
, Albania

The Judicial Workshop falls within the framework of institutional capacity building for effective competition law and policy enforcement. In many countries, members of the legal profession and the bench might only rarely have the opportunity to work on competition cases.

In addition, the enforcement of competition in the context of globalisation demands greater sophistication and skill in the adjudication of competition matters. The principal objective of the Seminar is to familiarise participants of a generalist legal background with the economics underpinning Albania's competition law and other related regulations, and those familiar with economic disciplines with the legal approach to enforcing competition policy in order to promote the smooth and effective enforcement of competition legislation in line with competition policy objectives imbedded in the competition law.

Experts drawn from a judicial, academic and competition enforcement background from developing and developed economies as well as UNCTAD will lead the Seminar. The Experts will guide the sessions, encouraging participants to express their opinions and to raise case specific issues. Four main issues have been selected for discussion at the Seminar.

The first topic is The Role of Economics in Competition Cases. Economics underpins competition law and judges need to recognise the peculiar character of competition law. Judges are therefore required to keep abreast of market developments, to show foresight and engage in permanent dialogue with economic specialists. A key question that will be considered under this topic is how non-economist judges can apply this specialised discipline in such a way as not to lose sight of the economic aspects of competition cases in favour of procedural issues.

The second topic for discussion is Multiple Criteria in Competition Cases. The courts may often need to take into account economic, social and political objectives when adjudicating competition cases. There may also be a need to assess future effects as well as issues related to intellectual property rights and other laws. This implies a complex balancing act. The means by which courts can confront and balance these competing goals will be the subject of discussion under this topic including interim relief measures, injunctions and monetary compensation.

Subsequently the focus will switch to Standards of Proof in Competition Cases. Explicit evidence of wrongdoing is often lacking in competition cases. It can thus be difficult for competition authorities to furnish proof. The definition or articulation of standards for dominance, relevant markets, the substitutability of products and the significance of competitive effects resulting from the conduct in question may also be subjects of contention. Legal issues may also arise with regard to the manner in which evidence was gathered. The discussion will consider how courts approach these various issues of proof.

The closing discussion will combine two topics Sanctions and Remedies and the Judicial Review of Competition Cases. Among the issues to be discussed under this combined topic are when and what constitutes an appropriate remedy for competition violations, examples of measures of redress under different situations, as well as the virtues and vices of criminal versus administrative sanctions. With regard to the judicial review of competition cases, there are differences among countries as to the authority vested in the competition authority and administrative tribunals to prosecute and settle competition cases. The extent of judicial review of competition cases will thus vary according. In this context the relationship between the judiciary and a competition enforcement body with or without a significant degree of discretion is of interest and will also form part of the discussion.

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Pedro Lagonegro