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1

BASIC STRUCTURE OF AMERICAN AND EUROPEAN ANTITRUST LAW

100%
Bury K.
Studia Prawnicze
|
2006
|
issue 2(168)
65-84
EN
The first important federal American antitrust law, the Sherman Act, prohibits any trust, contract or conspiracy in restrain of domestic or foreign trade. The interpretation of this statue has been governed by the use of the 'rule of reason'. The rule divides violations into two categories: those that are illegal per se and those that are to be defined as illegal only if they are unreasonable. The second important antitrust law is Clayton Act, passed in 1914. It prohibits any forms of market discrimination which could be harmful to fair competition. Another important regulation is the Federal Trade Commission Act and some other acts that the authoress briefly described in the article. As far as European antitrust law is concerned, there are few basie European regulations, whereas some areas are also regulated by the law of each of the member countries, so that both parties cooperate in antitrust cases. The most important regulations in the European Law are article 81 et seq. of the European Community Treaty. Their goal is to provide a system ensuring that competition in the internal market is not distorted (Art. 3(g) of the EC Treaty). Article 81 sets a generał rule prohibiting any agreements that could affect trade between member states. Article 82 prohibits any abuse of dominant market positions within the common market. One of the most important executive laws is the Council Regulation nr 1/2003 which implementats the rules created in the above mentioned articles. Many exemptions from the generał rule prohibiting distortion of the fair competition are known in the European Law. Some of them are described in the article.
2

ANTIMONOPOLNÍ POLITIKA EVROPSKÉ UNIE

51%
Paneš P.
Ekonomický časopis (Journal of Economics)
|
2007
|
vol. 55
|
issue 5
484-499
EN
This paper describes the approach of the European Union to the competition policy. In the first part the paper presents the European antitrust law. Then, the work focuses on the antitrust actions, which occurred in the European Union. It means that the legal way-outs from the first part of the work are in the second one applied in the reality by the European administration (respectively by the European judicature). Both parts are divided into three sections - restrictive agreements, dominant position and the mergers. The paper is amended by the description of the present reform and finalized by the evaluation of the European approach to the competition policy.
3

PODCHYTENIE ŠTÁTNEJ POMOCI POSKYTOVANEJ PODNIKOM V DÔSLEDKU PANDÉMIE COVID-19 V EURÓPSKOM PROTIMONOPOLNOM PRÁVE

51%
Lapšanský L.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2022
|
vol. 105
|
issue 5
369 – 391
EN
The COVID-19 pandemic has caused the need for massive state aid to strengthen businesses in the member states of the European Union. The European Commission promptly adopted a soft law act in which it offered member states various instruments for providing state aid to businesses and specified the conditions and indicators upon fulfilment of which it will consider the provided state aid compatible with the internal market.
4

RELATIONSHIP BETWEEN COPYRIGHT AND ECONOMIC COMPETITION - PERMANENT CONFLICT? (Vztah autorskeho prava a hospodarskej sutaze - permanenty konflikt?)

51%
Kralickova B.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2008
|
vol. 91
|
issue 6
508-520
EN
The aim of the article is to determine the common and distinct features in the relationship between the copyright law and antitrust law. In this point of view, those cases are stressed in the article, in which it can come to concurrence between both branches of law. Copyright law and Intellectual property law as well, include in itself an exlusivity, therefore the possible restrain of the competition in the market can not be precluded. In the article are emphasised cases, when it can come to anticompetitive behaviuor on the market and that by concluding agreements restricting competition or by abusing of a dominant position on the market. Those cases are especially those, when contractual terms in the licences are able, after fulfilling special circumstances, to restrict the competition. Collective management organizations of copyright and related rights are also not allowed to perform those activities, which can lead to separation of the market. Effective disclosure of anticompetitive behaviour is therefore an actual question in the context of EC law and Slovak legal system as well.
5

The role of economic analysis in predatory pricing cases. Effects of the latest CFI ruling on the France Télécom case

51%
Bara Z.
Kozgazdasagi Szemle (Economic Review)
|
2007
|
vol. 54
|
issue 9
800-820
EN
In a judgement issued in January 2007, the European Court of First Instance (CFI) approved one of the Commission's Decisions that had omitted in-depth economic analysis in connection with the unlawfulness of predatory pricing, had not been based on inquiry into the expected market effects of the allegedly illegal behaviour, and had omitted to apply the so-called recoupment test (i.e. examine whether the dominant firm could reasonably count on the return of its former losses by raising its prices later). What can be expected, after that judgement, in the future role of economic analysis in anti-trust cases? Why should national authorities and courts or even the Commission itself take the much higher risks and greater effort of applying economic analysis to substantiate their cases if they can prove them much more easily on formally based legal grounds? Similarly, can future competition cases be expected to move back from effect-based approaches to legally based ones?
6

STEP FORWARD ON THE ROUTE TO THE ACHIEVEMENT OF AN EFFECTIVE ENFORCEMENT OF THE CLAIMS IN COMPETITION LAW - WHITE PAPER ON DAMAGES ACTIONS FOR BREACH OF THE EC ANTITRUST RULES (Slovak title - below)

44%
Kralickova B.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2009
|
vol. 92
|
issue 2
131-138
EN
(Title in Slovak - 'Krok vpred na ceste k dosiahnutiu efektivneho sukromnopravneho vymahania sutazneho prava – Biela kniha Europskej komisie o nahrade skody sposobenej porusenim sutazneho prava'). The aim of the article is to concern on the aspects of private enforcement of antitrust law and on the European Comission's recent efforts in this field. In this point of view, the article deals with White Paper on damages actions for breach of the EC antitrust rules, which was adopted in April 2008 and represent latest trends in the field of private enforcement of antitrust law. The purpose of the article is also to analyse latest legislative efforts in this area in Czech Republic.
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