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Thesis

Optimization of Georgian competition framework on the basis of the EU experience

Abstract:
This thesis examines how to transform the Georgian competition framework into its most effective version while keeping in mind the real-life legal, economic and institutional constraints posed by broader national and international settings (‘optimization’). It deploys the EU competition framework as a blueprint due to recently intensified trade relations between the two jurisdictions and the resulting resemblance of their competition frameworks. The thesis builds on an existing scholarship regarding legal transplants and the jurisdiction-specific nature of the competition law. It aims to offer a set of lessons for optimizing the Georgian competition framework by utilizing the EU experience, considering the inherent jurisdictional differences. To achieve its aim, the thesis examines three dimensions of the Georgian competition framework – policy, law and enforcement – in a comparative context by analysing historical developments, the existing legislative landscape and institutional dynamics among primary actors responsible for the framework implementation. It finds partial incoherence among current policy objectives and the infeasibility of their simultaneous implementation. The legislative level has recently benefited from comprehensive amendments. However, sub-optimally configured ex-ante (concentration) control jurisdiction complicates realizing these benefits in practice. Similarly, an initially limited capability of case handling has conditioned administrative self-restraint in ex-post (antitrust) assessments, while legislative changes might unintentionally solidify this trend. The thesis elaborates on all these shortcomings and offers ways of overcoming them based on the analysis of selected EU experiences.

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Division:
SSD
Department:
Law
Sub department:
Law Faculty
Sub unit:
Institute of European and Compartive Law
Oxford college:
Somerville College
Role:
Author

Contributors

Institution:
University of Oxford
Division:
SSD
Department:
Law
Sub department:
Law Faculty
Sub unit:
Institute of European and Compartive Law
Oxford college:
Somerville College
Role:
Supervisor
Institution:
University of Oxford
Division:
SSD
Department:
Law
Sub department:
Law Faculty
Sub unit:
Institute of European and Compartive Law
Oxford college:
Somerville College
Role:
Examiner
Institution:
University of Oxford
Division:
SSD
Department:
Law
Sub department:
Law Faculty
Sub unit:
Institute of European and Compartive Law
Oxford college:
Somerville College
Role:
Examiner
Sub department:
Law Faculty
Sub unit:
Institute of European and Compartive Law
Oxford college:
Somerville College
Role:
Examiner


More from this funder
Funding agency for:
Japaridze, L
Grant:
Grant Award Contract N4, ‘International Doctoral Programs’ – entry 2017
Programme:
The scholarship program is titled "International Doctoral Programs" and included 4-year assistance with full study fees and living costs up to 10 000 GBP for pursuing selected doctoral projects that are in line with the priorities of the Ministry of Education, Georgia. I was awarded this grant in 2017 and held the grant for four years. The funding does not have any copyright/license requirements attached to it.


DOI:
Type of award:
DPhil
Level of award:
Doctoral
Awarding institution:
University of Oxford


Language:
English
Keywords:
Subjects:
Deposit date:
2023-02-23

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