Balancing Legal Framework, Regulatory Mechanisms and Competition across Number Portability in Albania

Abstract

Electronic communication markets are influenced by various factors that impact the development of competition. Sector-specific policies aim to improve consumer access to affordable products and services while offering flexibility in their choices. The mobile phone market, in particular, places a significant emphasis on number portability services, attracting attention from sector-specific policies and regulatory oversight throughout their implementation and monitoring. This article seeks to scrutinize the legal framework in Albania, identify practical obstacles to number portability, and assess its impact on fostering effective market competition. Number portability, a process that significantly impacts market competition, plays an instrumental role in enabling subscribers to switch networks seamlessly.  This observation finds support in outcomes from various countries. Evidence shows that this tool positively influences market competition by shifting the balance of power towards consumers, exerting pressure on service providers to improve their offerings and adhere to contract conditions. Over the last two decades, number portability has evolved into a vital instrument for diversifying choices and reducing prices, ultimately benefiting consumers and creating fair conditions for new market entrants. Number portability is essential for preserving competition and freedom of choice in the mobile service market. However, in markets with duopoly scenarios, such as the current situation in Albania, where two operators dominate the market and may engage in cooperation or secret agreements, specific challenges and impacts on number portability and market competitiveness may emerge. This situation can result in weak competition and limited choices for consumers. In these cases, number portability serves as the sole recourse for consumers to leverage the limited competition by switching to the other operator. In Albania, although the principle of number portability has been enshrined in law since 2008, the legislation has not kept pace with innovations established in EU directives. Harmonizing Albanian law with EU standards, particularly Directive 2018/1972/EU, known as the European Electronic Communications Code, is a priority through the revision of the "Law on Electronic Communications in the Republic of Albania." Despite some positive legal developments, ensuring effective competition and consumer protection in the electronic communications market continues to be a challenge in Albania.

Received: 6 September 2023 / Accepted: 24 October 2023 / Published: 5 November 2023