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1

POJEM DOBRÉ MRAVY V KONTEXTE GENERÁLNEJ KLAUZULY NEKALEJ SÚŤAŽE

100%
Zlocha Ľ.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2015
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vol. 98
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issue 4
354 – 364
EN
In this contribution the author discusses legislatively indefinite term of standard practices of competition. In order for a conduct to be qualified as conduct of unfair competition there must be cumulatively fulfilled all features of the general clause of unfair competition as defined in § 44 of the Commercial Code. One of these features is the conflict of such conduct with accepted practises of unfair competition. Commercial Code does not contain legal definition of what standard practices of competition mean. The term of conflict of such conduct with accepted practices of unfair competition evokes in legal doctrine but also in the decisions of courts most interpretative difficulties. However, numerous attempts to define term of standard practices of competition, either in case law or legal doctrine, we consider inappropriate, since this term has its own local, temporal and factual connection. Every judicial decision should in its reasoning quite clearly clarify not only why the judge on the case applied standard practices of competition but it must be evident how the judge evaluates a specific situation in terms of compliance or noncompliance with standard practices of competition.
2

GENERÁLNE KLAUZULY V SÚŤAŽNOM PRÁVE

86%
Kalesná K.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2016
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vol. 99
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issue 2
79 – 88
EN
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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