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Public Competition Law Enforcement System in Estonia and Selected Practical QuestionsTamm, Elo
Kilpailuoikeudellinen vuosikirja 2020 s. 33–53
The competition law enforcement in Estonia is on the verge of change. Directive 2019/1/EU empowering the competition authorities with more effective powers is expected to bring significant changes to competition enforcement (ECN+ Directive). It is still early to say, whether this is a farewell to the current enforcement system or not, but this has inspired the authority to investigate the development and current state of the competition enforcement system in Estonia.
This paper aims to provide an introduction into the competition enforcement system in Estonia. First, the author explains the norms of Estonian competition law pertaining to the anti-competitive agreements and abuse of dominant position. Next, the author introduces the Estonian public competition enforcement system by showing the division into penal enforcement system and administrative enforcement system and describing the general features of the criminal, misdemeanour, and state surveillance proceedings. In addition, statistics of the public enforcement proceedings are introduced. Thereafter, the author discusses selected enforcement topics that have arisen in the practice of the courts and the Estonian Competition Authority.