Domestic Competition Regimes In The Mediterranean Partners

The analysis contained in Chapter 6 showed that one of the major requirements imposed on the CEECs is that these countries are submitted to an obligation of convergence of the domestic legislation around EC competition law, through a transposition of the acquis communautaire. 107 The Mediterranean Partners (MPs) that are candidate countries (Cyprus, Malta, and Turkey) have to comply with a similar obligation. 108 By contrast, non-candidate MPs are not submitted to an obligation of convergence of their competition rules around EC competition law, although, as will be seen below, the Commission is encouraging these countries through a variety of means to engage into a convergence process.

This chapter analyzes the domestic competition rules of the MPs. It is divided into three sections. After examining the state of adoption of domestic competition rules in the partner countries, it briefly summarizes their content and provides an evaluation of the effectiveness of these rules.

State of Adoption of Domestic Competition Laws in the Mediterranean Partners

A preliminary distinction has to be made between two groups of countries. The first consists of the three countries engaged in the accession process (Cyprus, Malta, and Turkey), two of which will join in May 2004, and which are accordingly submitted to strong domestic obligations. Their candidate status requires that they transpose in their domestic legal order the entirety of EC competition law. The second group of countries is composed of the rest of the MPs that are linked to the EC by an association agreement, that does not specifically impose domestic obligations.

BOX 7.1: IMPLICATIONS OF ENLARGEMENT FOR THE MPS

In May 2004, enlargement will increase the number of EU member states from 15 to 25 and their total population from 375 to 450 million. With average per capita GDP in the New Member States (NMSs) less than half of that in the old members states, nominal GDP of the economic block will increase by 4 percent. EU enlar...

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