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1

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

100%
Lapšanský L.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2012
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vol. 95
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issue 6
567 – 583
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.
2

POROVNAVÁCIA REKLAMA V SLOVENSKOM PRÁVNOM PORIADKU

63%
Vozár J., Lapšanský L.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2011
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vol. 94
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issue 6
558 – 576
EN
The authors deal with the issue of comparative advertising in Slovak law, putting stress on the specific implications of the inclusion of regulation of this institute in the legal norm of public law that implemented the European directive. The authors also deal with the definition of comparative advertising and analyse the individual requirements for admissibility of comparative advertising. For the integration of the institute of comparative advertising in Slovak law, the law-maker has opted for its incorporation in the public advertising law, which naturally raises the question of the relationship between the regulation of comparative advertising and rules on fair commercial practices or between other regulations applicable to advertising. Moreover, the fact that the incorporation of the regulation of comparative advertising in the advertising law resulted in the fulfilment of the commitment to transposition of the European directive in Slovak law, will have certain implications for the method of interpretation and application of the Slovak regulation of comparative advertising. We can already state that the case-law of the European Court of Justice had an important influence on the interpretation of the definition of comparative advertising and of the individual positive and negative conditions of admissibility of comparative advertising.
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