Competition law and the public sector: a comparative approach to antitrust practices based on selected enterprises

Abstract

This article analyzes the complex relationship between antitrust regulations and the operations of various enterprises. The public sector often encompasses key industries, necessitating specific legal approaches to balance public objectives with competitiveness requirements. Antitrust legislation in the USA, including the Sherman Act, Clayton Act, and Federal Trade Commission Act, forms the foundation for regulatory and judicial actions aimed at protecting the competitive process. The Microsoft case illustrates how US law balances innovation with the need to prevent market dominance. In the European Union, the Gazprom case is a pivotal example of a state-owned enterprise suspected of abusing its dominant position in the gas market. Actions taken by the European Commission and the European Court of Justice reflect efforts to maintain a balance between fair competition and the interests of member states. Analyses in the article underscore the equilibrium between public interest and market competitiveness, highlighting challenges and strategies in regulating state-owned enterprises across different legal systems.