During the past year, the competition enforcement activities of the Albanian Competition Authority (ACA) have seen a considerable increase. The ACA approved 99 decisions, a record since its establishment 17 years ago, and fines during the year were the highest imposed in the last five years. Most of the ACA decisions were related to approvals of merger transactions, followed by decisions on market conduct investigations.

The primary drivers of the Albanian economy are centered around two main sectors – real estate and energy – with increasing shortages of qualified workers emerging as a key hurdle, according to Hoxha, Memi & Hoxha Partner Andi Memi.

The Albanian Government is considering to impose an extraordinary payment for energy companies with regard to the profits that they have been realized due to the spike of energy prices caused by the ongoing war in Ukraine.

During the past decade, the Albanian energy sector has benefited from a wave of domestic and foreign investments in hydro-power generation. Photovoltaic and wind energy generation has lagged behind for a long time. Increasing environmental concerns over the excessive use of water resources and the continuous reduction in technology costs are now shifting the government’s focus toward photovoltaic and wind energy generation.

With Albania’s construction industry accelerating, we spoke with Hoxha, Memi & Hoxha Partner Andi Memi and Tonucci & Partners Partner Enklid Milaj to find out what is being built and where.

“The genesis of Albania’s EU accession talks dates back to June 2003, when Albania, alongside other Western Balkan countries, was identified as a potential candidate for EU membership,” explains Deloitte Legal Local Legal Partner Sabina Lalaj. While Hoxha, Memi & Hoxha Partner Eris Hoxha points out that Albania was a candidate country since 2014, official membership negotiations were opened only on March 25, 2020. According to Kalo & Associates Co-Managing Partner Aigest Milo, “the next step is for the first Inter-Governmental Conference to be held (presumably during the first semester of 2022),” but Hoxha says “no specific date has been determined yet.”

The control of merger transactions was first introduced in Albania in 1995. This law, however, provided only rudimentary guidance, and merger control really took off only after 2003, following the approval of Law no. 9121, “On Competition Protection” (the “Competition Law”), which established an independent competition authority – the Albanian Competition Authority (the ACA) – and provided for procedures that were aligned with EU standards. The Competition Law has been amended a number of times to further approximate its provisions with the EU acquis. The ACA has also issued regulations and instructions for the implementation of the merger control regime.

During the last decade, Albania has undertaken several initiatives to liberalize the electric energy sector and increase local generation capacities. Such measures have created a lively market, especially in the renewal energy segment.

After almost a century of reclusion, Albania has achieved formal candidate status to join the 28 member states in the European Union. Is the time finally right?