Kolektyvinio dominavimo nustatymo praktikoje ypatumai.
The article deals with the peculiarities of establishing collective dominance, which are considered in the context of the European Community and Lithuanian competition law. The object of the article is analysed in legal aspects, also taking into account leading economic concepts and theories, and does not include the issues connected with the abuse of the collective dominant position. The author indicates that the collective dominance must be assessed on the basis of both – quantitative and qualitative – criteria. The main attention is paid to the qualitative criteria, especially to those, which relate to the coordinative behavioural aspects of a group of undertakings, that are “suspected of” holding a collective dominant position on a relevant market, and which especially emphasise the peculiarities of the establishment of collective dominance. It is alleged that the situation of tacit collusion is likely when undertakings are united by certain economic links which may be interpreted as pure economic or structural links. Structural links between undertakings is not a sufficient ground for establishing collective dominance, however, this kind of links may raise danger by inducing entities to coordinate their conduct on the market.
- Straipsniai / Articles