THE COMPETITION LAW ON THE CHALLENGES AGAINST ABUSE OF A DOMINANT POSITION IN THE MARKETING OF AUDIOVISUAL RIGHTS IN ALBANIA

  • Donalb Xibraku Faculty of Law, University of Tirana
Keywords: Abusive conduction, Competition Authority, Competition Law, sport sector, television right‘s

Abstract

The competition law in Albania is raised according to the international agreement ratified by the Albanian parliament. This bench of law regulates a better functioning of the market. It is a fact that the European Union is the initiator and the founder of this branch of right, referred to the Treaty on the Functioning of the European Union. The Albanian law ―On protecting the competition‖, also regulates the market in the sports sector. That is because in this category, the sport generates economic activities, so the competition law aims to manage, the conduction between the companies, in that market. This article talks about the decision of the Competition Authority in Albania for finding the case of banning abusive behaviour by a firm dominating a market, of the Albanian Federations of Football, related to the economic activities, indicated and implemented by the ―Competition Law‖. The television rights are part of the scope of the Albanian competition law. The decision of Competition Authority is an example, how the European Union legal framework are succeeding in extending the effect of their power on issues of protection of the competition law. Obviously, it is not only on the terms of harmonization of Albanian legal framework with the Eu one‘s, but it is also manifested in the aspect of decision-making of the relevant legal authorities, according to the principal intention of the EU legislation, to bane abusive, conduction, in the market. The television right is mostly related to the right that certain subjects have to broadcast on their channels, the matches, played on the National League, in different categories. The Albanian Football Federation according to the provision of the Albanian Law is the only entity, which has the right, to organize, arrange, develop, sports activities, inside, and outside the territory of the Republic of Albania, as far as it concerns the sport activities. Having this legal power, AFF (Albanian Football Federation) can be considered as the only owner of the broadcast of sports activities. This entity may sell, the audio-visual rights to the economic operators, which will enable the transmission to the public. Based on the Competition law, the activity, of the AFF, in terms of broadcasting television rights, should be carried out through public competition, to avoid any action or conduction, that result in abuse of a dominant position. Furthermore, AFF, has a legal monopoly on all the competition right, including the competition rights, or audio-visual financial right, as well as reproducing, broadcasting, and marketing rights, or publicity. As a result of this legal monopoly, this entity may abuse with its dominant positions. That kind of economic activity carried out by the ALF is subject to the regulation of the law, ―On Protection of the competition‖. The investigation carried out by the Albanian Competition Authority based on the best practices of the European Countries, revealed violation of competition law.

References

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Published
2020-12-16
How to Cite
Xibraku, D. (2020). THE COMPETITION LAW ON THE CHALLENGES AGAINST ABUSE OF A DOMINANT POSITION IN THE MARKETING OF AUDIOVISUAL RIGHTS IN ALBANIA. Knowledge International Journal, 43(5), 1077 - 1081. Retrieved from https://ikm.mk/ojs/index.php/KIJ/article/view/4818