Nehorizontalių koncentracijų teisinis reguliavimas pagal Europos Bendrijos ir Lietuvos Respublikos konkurencijos teisę
MetaduomenysRodyti išsamų įrašą
The aim of this dissertation was to analyze legal regulation of concentrations under EC and Lithuanian law and the practice of its application, in order to identify the peculiarities and problematic issues of legal regulation of non-horizontal concentrations as well as to suggest ways to improve it. For this purpose, the subject matter of this research are identification of the specific features of non-horizontal concentrations, the purpose of their legal regulation in the European Communities and in Lithuania and comparison of them; the analysis of the current legal test for assessment of concentrations appropriateness for the assessment of non-horizontal concentrations; the disclosure of the problematic nature of determination which transactions should be considered as concentrations under EC and Lithuanian law; the analysis of the problematic issues of establishing the competitive harm of non-horizontal concentrations, their types and the circumstances of their formation as well as the impact of merger-specific efficiencies on its assessment; the identification of the problems of determining causation between a concentration and its negative consequences; the disclosure of the impact of EC regulation of concentrations on the operating conditions of undertakings in small Member States. This dissertation constitutes the first systematic research study which focuses solely on the specific features of legal regulation of non-horizontal concentrations and the problems of their application, and suggests the ways to improve it. During the research there were analyzed the EC and Lithuanian legal acts, jurisprudence, EC court’s, European Commission and the Competition Council of the Republic of Lithuania practice related to the legal aspects of legal assessment of non-horizontal concentrations.