Competition developments in Georgia: Approximating to the EU regime

The young competition regime of Georgia has been established to foster trade relations with the European Union (EU) in accordance with the respective Association Agreement between the two jurisdictions. After the first seven years of its existence, this regime has just gone through the first major overhaul to better align national competition legislation with the Union law. The package of amendments touched every significant aspect of the competition framework, starting from upgrading substantive provisions, continuing with significant improvements of the enforcement procedure, and ending with providing more safeguards to guarantee the independence of the key competition regulator—the National Competition Agency of Georgia (GNCA). The process has been marked by a dual approach—on the one hand, approximating national legislation to the EU competition law to the best possible extent and, on the other hand, paying acute attention to the peculiarities of the national legal framework and markets. Although a lot has been achieved, this should not be considered an endpoint of the national competition law development. The latter should be viewed as a constantly ongoing process, as opposed to a one-off exercise, in order to guarantee the sound functioning of the framework.

I. Introduction 1. The European Union has been a prime mover in integrating competition chapters into bilateral trade agreements. This is especially true regarding the new generation Association Agreements (AA), [1] incorporating Deep and Comprehensive Free Trade Areas (DCFTA). The latter use competition law as one of the tools of opening trade, through modernization and reform of existing laws to maintain a market economy. This is exemplified in the case of Georgia, an EU Associated State since 2014. [2] The competition chapter, an integral part of its DCFTA, makes the maintenance of “comprehensive competition laws” [3] a prerequisite for deeper economic integration of the latter in the EU internal market. 2. In contrast to the gradual development and acceptance of competition law

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Authors

  • University of Oxford - Faculty of Law
  • University of Sussex

Quotation

Liana Japaridze, Erika Szyszczak, Competition developments in Georgia: Approximating to the EU regime, February 2022, Concurrences N° 1-2022, Art. N° 104216, www.concurrences.com

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