TYPY ZÁSAHOV ORGÁNOV VEREJNEJ MOCI DO HOSPODÁRSKEJ SÚŤAŽE PODĽA § 39 ZÁKONA O OCHRANE HOSPODÁRSKEJ SÚŤAŽE

• Authors: Lukáš Lapšanský

Title variants

EN

Types of interventions of public authoritie to competition according to § 39 of the Act on Protection of Competition

• Languages of publication: SK

Abstracts

EN

A competition may be restricted not only by undertakings, but also by public authorities in the exercise of their powers resulting from the generally binding legal regulations. With the aim to prevent this restriction of competition, the legislator has defined the restriction of competition, which is set out in § 39 of the Act on Protection of Competition. Although by its intensity or ramification the agenda of the application of § 39 of the Act cannot be compared with the agenda of application of prohibition of “classic“ forms of restriction of competition by undertakings (agreements restricting competition, abuse of a dominant position, concentration), in the existing decision-making practice of the Antimonopoly Office, the Council of the Antimonopoly Office, the Regional Court in Bratislava and the Supreme Court of SR we can identify some generalising features describing the most frequent cases of conduct or omission of public authorities resulting in the restriction of competition. The disclosure of these typical interventions of public authorities into competition may help a better orientation of public authorities as well as undertakings, consumers or parties damaged by such authoritative interventions into competition.

Keywords

EN

COMPETITION; PUBLIC AUTHORITIES; MARKET; SUPPLIER; CONSUMER

• Publisher: Institute of State and Law of the Slovak Academy of Sciences
• Journal: Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
• Year: 2012
• Volume: 95
• Issue: 6
• Pages: 567 – 583

Contributors

author

Lukáš Lapšanský

• Ústav štátu a práva SAV, Bratislava, Slovak Republic