| Abstract [eng] |
The freedom of fair competition is enshrined in the Constitution of the Republic of Lithuania as one of the fundamental principles of economic governance. It entails not only a prohibition against monopolizing the market but also an active obligation for the state to ensure equal opportunities for all market participants. The Constitutional Court emphasizes that this freedom is inseparable from other constitutional principles – such as the freedom of economic activity, consumer protection, and the public interest. Therefore, fair competition is not an abstract value but a concrete standard that must be respected by both businesses and public authorities. The Competition Council and national courts play a key role in shaping legal practice that delineates the boundary between legitimate regulation and unlawful restriction of competition. The Council frequently investigates cases in which public administration bodies grant privileges to subordinate enterprises without competition or restrict the freedom of others. Both the Supreme Administrative Court and the Supreme Court of Lithuania underline that fair competition is essential for a transparent, efficient, and innovative market environment. Favoring certain market participants violates not only individual rights but also the broader public interest. In conclusion, the freedom of fair competition is inseparable from the principles of a democratic and rule of law state. It requires constant vigilance, clear regulation, and the active role of independent institutions – both in prevention and enforcement. This freedom not only protects the market from distortions but also creates a trustworthy environment for economic actors, ensuring that their success depends on merit rather than connections or privileges. |
