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GENERÁLNE KLAUZULY V SÚŤAŽNOM PRÁVE

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Kalesná K.

Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

2016

vol. 99

issue 2

79 – 88

The article is contribution to the discussion concerning general clauses in the legal regulation and the law application process. Starting from general clauses theoretical definition it drives attention to general clauses in competition law, focusing interest on abuse of a dominant position legal regulation in Act on Protection of Competition especially after its last amendment in 2014 was adopted. In context of legal regulation based on general clause and demonstrative list of the most often existing practices of abuse it explores reasons why essential facilities doctrine was deleted from the legal regulation. The Slovak legislator defends this step with the argument that there is special legal regulation of essential facilities neither in the EU competition law (Art. 102 TFEU) nor in the legal regulation of other member states. Essential facilities are represented as a special institute developed in the case law and not requiring specific legal regulation in the Act on Protection of Competition. The article argues that using the EU competition law as a model for national regulation does not mean the necessity to copy this regulation precisely and compares the Slovak act with the Czech regulation where essential facilities doctrine is comprised in the legislative text.

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1 Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

1 2016

1 Kalesná K.

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GENERÁLNE KLAUZULY V SÚŤAŽNOM PRÁVE