Анализ опыта антимонопольной политики в сфере борьбы со сговором в странах переходной экономики: страны ЦВЕ
This article focuses on the development of antitrust policy in transition economies in the context of preventing explicit and tacit collusion. Experience of CEE countries (Bulgaria, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia, Slovenia, Czech Republic, Estonia) in the creation of antitrust system was analyzed, including both legislation and enforcement practice. The analysis takes into account such institutional problems as: classification problems (tacit vs explicit collusion, vertical vs horizontal agreements), flexibility of prohibitions (“per se” vs “rule of reason”), design of sanctions, private enforcement challenge, leniency program mechanisms, the role of antitrust authorities, especially in criminal investigation issues etc.
The article shows how the integration within the EU predetermined the development of antitrust policy in CEE countries, including the trend of the use of "rule of reason" approach. Simultaneously in the article was analyzed the experience of CEE countries in the variability of government intervention mechanisms.
In the third part of the article were shown main trends in antitrust policy transformation in CEE and common problems, that still remain actual for transition economies in this area, including the interaction problem of administrative and criminal law, rigidity of prohibitions problem and the effectiveness of leniency program design.