| Abstract [eng] |
Freedom of free competition in the market forces to use limited resources effectively, expands economical growth and raises the welfare of consumers. Freedom of free competition is a constitutional value in Lithuania and there is created a legal protection system to save it from restrictions. One element of this protection system is concentration control, which is regulated under the Law of Competition of Republic of Lithuania. The object of this paper work is the system of concentration control rules. While analysing theoretical aspects and application practice, there are identified main practical issues of applying these rules in Lithuania, which create a risk that there will not be achieved a purpose of this regulation. This master’s degree paper work is divided into four parts. All parts, except the second one, are modulated based on the same method: firstly, there are analysed theoretical questions relying upon European Union institutions’ documents and after that there are studying practice of Competition Council of the Republic of Lithuania and identifying main practical problems. In the first part, there are analysed the concept of concentration, reasons why undertakings merge and reasons why such mergers are regulated by law. Two main problems arise: is the strengthening of control an concentration and is the presumption of concentration then an undertaking has ¼ votes reasonable. The object of the second part is the development of concentration control rules and the main problem analysed is the stagnation of aggregate incomes value. In the third part there are scrutinized the system of criterions necessary to evaluate the concentration and analysed practice of Competition Council of the Republic of Lithuania in the field of evaluating concentrations. Fourth part is for theoretical and practical aspect of decision to permit concentration with conditions and obligations, which can be made by Competition Council after evaluation of concentration. The main methods used in this work are: comparative, logical, systematic, historical, teleological, historical and analysis of documents. |
