JAV ir ES konkurencijos apsaugos sistemų palyginimas ; Comparative analysis of the systems for the protection of competition in the us and the european union

Abstract

Comparative Analysis of the Systems for the Protection of Competition in the United States and the European Union SUMMARY The US and the EU perform similar roles in protecting the global competition. The EU, which pursues the goal to have the competetive common market and to successfully compete in the global market, considers the antitrust policy in the US, therefore the current convergency of the competition rules would probably increase. Nevertheless, there is still some substantial divergency in the systems for the protection of competition in the US and the EU. The primary objective of the master thesis is to reveal and to investigate the actual differences in the systems for the protection of competition in the US and the EC in legal theory and practise. The subsidiary objective is to present the authoritative views, positive arguments and criticism for the divergent regulation in both systems. In order to accomplish these objectives, the provisions of legal acts, doctrine, manifold case examples of the courts and competition authorities have been analysed in the regulation of prohibited agreements, single firm conduct and merger control. The master thesis presents the overview of the evolution of antitrust, the main objectives and differences in the public and private enforcement, sanctions and the leniency policy. The divergent approach is revealed by comparing the rule of reason approach in the US and the analysis of Article 81 of the EC Treaty, as well as different assessment of vertical restraints. The brief comparison of the understanding of the abuse of a dominant position and the monopolization is provided. The EC competition law and the US antitrust policy are contrasted with each other, when assessing the conduct of a single undertaking in setting high and predatory prices, monopoly leveraging, tying, bundling and essential facilities doctrine. The remaining divergence in merger control is disclosed by the analysis of the tests applied and the assessment of vertical and conglomerate mergers. The national competition law of Lithuania is in the process of harmonization with the EC law of competition. However, the next stage in establishing the effective national system for the protection of competition could possibly be the deep look at the practise in other states, especially at the US policy of antitrust.