| Abstract [eng] |
The concept of company control is used in two different contexts with two different aims – in the context of concentration control and in the context of restrictive agreements. The context of restrictive agreements is also segmented – the concept of company control is used with the aim of providing one economic unit with group privilege or, second, declaring controlling entity liable for the competition law violations carried out by the controlled entity. The concept of control in the context of concentration control means the ability to exercise decisive influence over strategic decisions of the controlled entity, i. e. it is sufficient to show the ability to control and it is not required to prove any factual control. In the context of restrictive agreements the concept of company control is also associated with the strategic decisions of the controlled entity; however, in this context factual control must be proved. In spite of certain differences of the concept of company control, in the context of restrictive agreements the concept of company control has the same meaning. Having compared the concept of control in the context of concentration control with the concept of control in the context of restrictive agreements, it is assumed that there is no one concept of company control; however, it is not so that these concepts have completely different meanings. Given the above, consistent approach should be adopted to the concept of company control in competition law. |
