| Abstract [eng] |
Competition Problems and Their Legal Qualification, When State-Controlled Companies Participate in Economic Activities Master’s thesis aims to establish what competition problems private undertakings face when they compete with state-controlled companies. By analyzing infringements of Article 4 of Law on Competition which were committed by municipalities an author came to a conclusion that certain anticompetitive decisions adopted by municipalities may cause competition problems of dual nature – closure of relevant market and creation of differences in the conditions of competition for economic entities competing in a relevant market. When municipalities do not organize competitive procedures regarding selection of public services provider and grant exclusive rights to provide such services to companies which are established and controlled by municipalities, private undertakings become precluded from offering their services and participating in market. Private undertakings also face difficulties competing in market when municipalities grant special rights or allocate budget funds to municipality-controlled companies. By analyzing ECJ decisions in cases regarding infringements of Article 106 of TFEU an author distinguished two competition problems which arise when state grants special rights to state-controlled companies or public undertakings. First problem is unjustified extension of monopoly rights to markets in which private undertakings participate. Second problem is cumulation of commercial and regulatory rights leading to conflict of interest which may obstruct private undertakings to carry out its commercial activities. Author also analyzed competition problems caused by state-controlled companies which abuse their dominant position. It had been concluded that by having objective to maintain market power, state-controlled companies create obstacles for private undertakings to participate in market. State-controlled companies may impose unfair agreement conditions or refuse to grant access to essential facilities. |
