L'influence du droit communautaire sur la régulation publique de la concurrence dans les pays d'Europe de l'est

The introduction of the market economy in Eastern Europe produced important dilemmas for public actors within the region : to introduce freedom of competition, is it sufficient to rely upon the market or, on the contrary, is it necessary to adopt competition laws ? If the adoption of such laws is chosen, then what should be its content and what should be the mechanism of its application ? The region responded almost unanimously to the first question : the majority of countries have introduced competition policies, and subsequently, competition laws. With regard to the content of these laws, a clear similarity between countries of the region can be observed in that the majority of these laws are influenced by Community law. The countries which resisted the Community law influence are those which, though legally committed to the EU to approximate their national law with Community law, are not concerned by accession to the EU ? i.e., countries which are not part of a promising economic and political commitment. This article analyses the mechanics of that influence and the tendencies identified in the region in the competition area. The article could be of interest to those countries in transition searching for solutions regarding issues arising in public regulatory systems of competition, while being sensitive to community interests. An additional question is, what purpose it serves to adopt competition rules if inadequate institutions can annihilate the benefits of the application of those rules ? From a prospective point of view, the article suggests certain steps ? others still need to be identified ? to overcome that pragmatic problem.