| Abstract [eng] |
The main object of this paper is to analyze similarities and differences in the regulation and practise of anticompetitive measures of article 106 of the Treaty Establishing the EU and article 4 of the Competition Law of the Republic of Lithuania. Main legal problems raised in this paper are connected to the problems of national law. The first question deals with the need to regulate those acts of public administrative bodies which are not covered by Lithuanian competition law that is when there is no formal legal act issued by public administrative body which after analysis could be declared as discriminating or giving privileges to undertakings. The second question raised deals with the issue of the 4 article 2 part of the Competition Law in which an exemption is provided. The problem is that only Seimas passes laws which can be used as an exemption under 4th article 2 part of the Competition Law. That is why there is a need to identify criterions based on the case-law of Constitutional court and EU Court of Justice, which national legislator could use when laws are issued. But firs in order to reach raised goals it is needed to justify the use of EC law and practise, which could be relevant in solving national problems. In this paper it is argued article 106 of the Treaty Establishing the EU and article 4 of the Competition Law are similar in terms of their purpose, rules of application. It is though that only by having an affirmative answer, then it would be purposive to use EU experience in solving problems mentioned at the beginning of this summary. After the analysis was made, it was stated that it is useful to rely on EU regulation and practise, that is why based on EU and Lithuanian experience on applying competition rules, a few suggestions for the problems raised were given. First of all, there is a need to regulate acts of public administrative bodies which are not materialized in any legal form because only then the goal of fair competition could be reached. Answering the second question, Seimas when issuing laws which later are used as an exemptions should firstly follow the principles of positive discrimination and proportionality. |
