Full-text resources of CEJSH and other databases are now available in the new Library of Science.
Visit https://bibliotekanauki.pl

Results found: 13

first rewind previous Page / 1 next fast forward last

Search results

Search:
in the keywords:  COMPETITION LAW
help Sort By:

help Limit search:
first rewind previous Page / 1 next fast forward last
1

PREMLČANIE PRI NÁHRADE ŠKODY SPÔSOBENEJ PORUŠENÍM SÚŤAŽNÉHO PRÁVA

100%
Dulak A., Dulaková Jakúbeková D.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2020
|
vol. 103
|
issue 5
357 – 371
EN
The EU Antitrust Damages Directive is intended to achieve greater harmonisation between private competition enforcement regimes across Member States, in pursuit of the expressed aim of the European Commission to encourage greater private enforcement of competition law. It is also intended to foster a complementary relationship between public and private enforcement. The Damages Directive introduced a minimum limitation period of five years for cartel damages claims. The Directive also includes a provision to suspend the limitation period during an investigation and any subsequent appeal process. Despite harmonisation efforts, some divergence will remain.
2

PROTECTION OF THE COPYRIGHT VERSUS PROTECTION OF THE COMPETITION (NOT ONLY) IN THE VIEW OF EU COURTS' CASE LAW (Autorskopravna ochrana versus ochrana hospodarskej sutaze (nielen) vo svetle judikatury komunitarnych sudov)

80%
Kralickova B.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2010
|
vol. 93
|
issue 4
390-398
EN
The aim of the article is to determine the common and distinct features in the relationship between the copyright law and competition 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. The copyright law and intellectual property law as well, includes in itself an exclusivity, therefore the possible restrain of the competition in the market can not be precluded. In the article are emphasised those cases, when it can come to anticompetitive behaviour on the market and that by concluding agreements restricting competition or by abusing 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 the anticompetitive behaviour is therefore an actual question in the context of EC law and Slovak legal system as well.
3

ZÁSADA NULLUM CRIMEN SINE LEGE A UKLADANIE SANKCIÍ V SÚŤAŽNOM PRÁVE

80%
Šabová Z.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2013
|
vol. 96
|
issue 2
105 – 125
EN
In its judgment in case “Marianum”, given in 2011, the Supreme Court of Slovak Republic ruled that imposing sanctions for the breach of the general prohibition of abuse of dominant position contravenes the constitutional principle of nullum crimen sine lege. The legal opinion of the Supreme Court has been followed by several other panels of judges of the Supreme Court as well as from the Regional Court in Bratislava in other cases and thus represents an important precedent for the Antimonopoly Office of the Slovak Republic as the body entrusted with enforcement of the competition rules. The opinion of the Supreme Court is novel and represents a shift from its previous attitude taken in similar cases. Given the binding nature of the European court´s judicature for the national courts, in the present paper, the judgment of the Supreme Court is analysed, first of all in the context of the caselaw of the general Court and the Court of Justice of the European Union. It can be submitted that although the European law uses the concept of the “novelty of the case” and the European Commission possess a wide range of discretion on whether it imposes a fine or not, the mere fact that a breach of the general prohibition is concerned does not represent the impossibility of the competition authority to impose the fine. Furthermore, the paper is focused on the relevant case-law of the European Court of Human Rights, especially with regard to the changes regarding the standard of human rightsprotection brought about by the Lisbon Treaty. Based on the analysed case-law of both Luxembourg and Strasbourg courts, the author comments the opinion of the Supreme Court taken in the given judgment and its implications for the competition law enforcement in Slovakia.
4

Uslugi swiadczone w ogólnym interesie i prawo antymonopolowe, wsoskie i polskie rynki lokalne

80%
Galkowski P. L. V.
Przegląd Prawa Publicznego
|
2012
|
issue 1
60-73
EN
This article has as purpose to analyse the intervention of the state in the economy, it is in the services of general interest, under the Italian and Polish competition law. In this evaluation the first consideration is about the framework under EU law, then Constitutional sources and various laws on services of general interest, with particular regard to competition law, and eventually their functioning at local municipal market level, in Italy and after that in Poland. This assessment will show the values, rules and solutions shared by both the Legal Systems, as well as the differences. The main differences are the lack of the core definitions in Italian law and the evolution of Italy towards a federal state, this means a new distribution of legal and administrative competencies between central and local authorities with the relevant drawbacks in law allowing anticompetitive behaviours on local municipal market level.
5

DIGITÁLNE PLATFORMY: SÚŤAŽNÉ PRÁVO VERZUS REGULÁCIA EX ANTE

70%
Kalesná K., Patakyová M.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2021
|
vol. 104
|
issue 1
26 – 38
EN
Digital age has brought many challenges for legal regulation. One of vividly discussed issue is a question on possible regulation of digital platforms. Digital platforms have had an impact within business sphere as well as broader socio-political impact. This article aspires to contribute to the discussion on regulation of digital platform. In particular it explores application of competition law and regulation ex ante. It asks to what extent competition law can solve issues related with digital platforms. Since an exhaustive answer to the question is beyond the limits of one article, this article focuses on the definition of a digital platform, followed by a discourse on competition law and ex ante regulation. The possible insufficiencies of competition law are examined based on two cases: German Facebook case and Google Shopping case. The article shows that competition law might be reaching its limits in dealing with certain particular issues related to digital platforms.
6

WHO MAY BE LIABLE FOR COMPETITION RULES INFRINGEMENT? (Kto moze niest zodpovednost za porusenie sutazneho prava?)

70%
Kalesna K.
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
123-130
EN
The article tries to answer the question of liability in competition law, especially succession of liability in case when originally liable subject ceases to exist. From this point of view most important is economic continuity test developed by case law of European courts and now introduced in case law of Antimonopoly Office of the Slovak Republic cofirmed by case law of the Slovak courts. Except for attention paid to economic continuity test the article reflects also questions of liability of consultative companies and liability of companies of the same economic unit (especially the parent company and its subsidiary).
7

ÚPRAVA VZÁJOMNÉHO VZŤAHU PRÁVA DUŠEVNÉHO VLASTNÍCTVA A SÚŤAŽNÉHO PRÁVA V SLOVENSKOM A ČESKOM PRÁVNOM PORIADKU S DÔRAZOM NA OBLASŤ ZNEUŽÍVANIA DOMINANTNÉHO POSTAVENIA

70%
Králičková B.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2011
|
vol. 94
|
issue 6
601 – 616
EN
The contribution deals with relationship between IPR´s and Competition Law in the legal order of both Slovak and Czech Republic. The first part of the contribution deals with common questions related to the mutual relationship between mentioned law disciplines. The second part aims to analyse the mutual relationship between IPR´s and Competition Law in Slovak legal order with main focus on abuse of dominant position as well as essential facility doctrine. The most significant case law of the Antimonopoly office of the Slovak Republic within this field are also being analysed within this part. The third part focuses on the mutual relationship between IPR´s and Competition Law in Czech legal order, providing critical analyses of current stage of rules related to essential facility doctrine. The current stage of legal order is arousing question, whether the current legal position of owners of IP right according to Czech legal order is sufficient to protect their rights related to their ownership. Out of provided analyses is being seen, that Slovak as well as Czech legal order -despite some problematic points -are similar and fully harmonised with EU law. The fourth part aims to provide final conclusion and possible advices into the future, how the legal orders should deal with the interaction and relationship between both legal disciplines.
8

BUDE FUNGOVAŤ SÚKROMNOPRÁVNE VYMÁHANIE SÚŤAŽNÉHO PRÁVA?

61%
Kalesná K.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2018
|
vol. 101
|
issue 1
54 – 61
EN
The Slovak Republic has fulfilled its obligation to transpose the EU Directive on private enforcement of competition law (2014/104/EU) approving the Act No 350/2016 Coll. on certain rules regulating actions on recovery of damage caused by competition rules violation. Although the act is in force for a couple of months by now there is a serious doubt concerning working of this legal regulation in practice. Based on the US successful experience with the private enforcement of competition law the article informs about the legal regulation of the so called horizontal framework of collective redress in the EU and afterwards explores the ambitions of the Slovak legislator in this field. It draws attention to the main difference resulting from the comparison of the respective EU recommendation and the reality in the Slovak republic. Whereas in EU recommendation is the general regulation of collective redress covering more specific branches of law foreseen (e. g. consumer protection, environmental law, competition law), in the Slovak republic the ambition of the class actions regulation is by now restricted by the framework of consumer protection regulation (Consumer Code comprising also class actions is being prepared). The article offers also other alternatives to this legislative solution that perhaps correspond better to the presented EU approach.
9

KOLEKTÍVNA SPRÁVA PRÁV VERSUS SÚŤAŽNÉ PRÁVO Z HĽADISKA NAJNOVŠÍCH LEGISLATÍVNYCH SNÁH NA ÚROVNI EURÓPSKEJ ÚNIE

61%
Králičková B.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2013
|
vol. 96
|
issue 5
517 – 527
EN
The contribution deals with some basic thoughts on application of the competition law on the area of collective management of copyright. In this regard it analyses latest legislative initiatives on the level of EU law, especially the Proposal for a Directive of the European Parliament and of the Council on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online uses in the internal market – COM (2012) 372 (hereafter as “Directive”). Attention will also focus on the arguments which will be in the favour/in contrary of new Directive proposal and on potential risks, which can arise in the future. As a biggest potential risk seem to be in this matter the necessity of more intensive competition among each individual collecting society on the market. Contribution focuses on several important aspects, which need to be assessed very sensitively and which need to be taken into serious consideration in the process of approval of the new Directive proposal. Important aspect in this regard is traditional aim of existence of collecting societies connected with protection of cultural heritage and change of its perception, which the new Directive proposal brings. Subsequently the contribution deals with questions, whether the more intensive competition among collecting societies will be a positive advantage of the Directive proposal, especially with regard of improving the quality of rights´ management. At the same time the contribution focuses on new tasks for collecting societies, with which they will need to cope in the future after the final approval of the Directive proposal.
10

ECONOMIC THEORIES IN REGULATING COMPETITION (Ekonomiczne teorie regulacji kompetencji)

61%
Szpringer W.
Ekonomista
|
2010
|
issue 3
285-318
EN
Competition policy needs taking into account the more economic approach to competition law, in particular with regard to IT and electronic communications, to deal with the problem of determining the dynamics of innovation. The challenging issues are those of applying Art.102 of the Treaty to, e.g.: essential facilities, imposing compulsory licenses, defining the collective market dominance, linked transactions, cartelization and concentration, as well as the determinants of effective consumer protection. Problems arising from the more economic approach in competition law are: the danger of relativization of rules; legal uncertainty; rising costs; length and complexity of procedures; conflict between the so-called per se. rule and rule of reason in the application of competition law; and designing optimally diversified rules and regulations to provide stable and secure competitive freedom to business. The use of economic knowledge in the field of competition law involved inspirations mostly from neoclassical equilibrium theory, while ideas belonging to development economics, behavioral economics, workable competition theory and strategic analysis were underrated. There is no unified theory of competition, but new approaches are developing, e,g, in industrial economics, new institutional economics and the Austrian School. But the lawmakers are often not clear about their goals and values which make them choose a particular theory. This leads to neglecting the development trends and the dynamic competition which promotes innovations in the economy.
11

OTÁZKY UPLATNITEĽNOSTI DOKTRÍNY UNIKÁTNEHO ZARIADENIA NA PRÁVA NA PREDMETY DUŠEVNÉHO VLASTNÍCTVA

61%
Králičková B.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2012
|
vol. 95
|
issue 5
481 – 490
EN
The contribution deals with some basic thoughts on application of the essential facility doctrine as a part of competition law on the area of intellectual property law. It analyses most important case law of the EC courts and European Commission, especially the Microsoft case and aims to provide an answer on the question, whether it is under certain conditions possible to consider intellectual property rights as an essential facility. Attention will also focus on the arguments which will be in the favour/in contrary of such application of the essential facility doctrine as well as on possible results of such application. The contribution also presents two arguments, which can be in favour of application of essential facility doctrine on the field of the intellectual property law. A possible existence of networks effects and questions related to potential influence of exclusive rights, which holds the dominant undertakings, on the innovative process shows, that there might certain situations exist, in which it would be reasonable to allow broader access to intellectual property rights. Those arguments nevertheless do not provide enough persuasive reason for application of essential facility doctrine on the field of intellectual property rights.
12

VÝVOJ UROVNANIA AKO NÁSTROJA ZEFEKTÍVNENIA KONANIA V SÚŤAŽNOM PRÁVE

61%
Blažo O.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2015
|
vol. 98
|
issue 1
58 – 71
EN
The article deals with the settlement institute incompetition law. Settlement enhances effectivness of protection of economic competition by reducing length of proceedings and allows competition authority to use its resources better and also reduce the resources of the parties. The contribution analyses the EU regulation, some examples of national arrangements, particularly the Czech adjustment. Finally, provides insight into the application of this institute in the Slovak conditions and some possible options for the future.
13

MEDZIGENERAČNÝ POHĽAD NA VÝVOJ PRÁVA DUŠEVNÉHO VLASTNÍCTVA V SLOVENSKO-ČESKEJ VEDECKEJ SPOLUPRÁCI

51%
Švidroň J.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2012
|
vol. 95
|
issue 4
307 – 312
EN
The article briefly summarizes history of the development of the Intellectual property law within the mutual Slovak and Czech scientific cooperation, especially focusing on the period of transformation after the year 1989. Slovak legal science had stepped into this process fully ready since the 1990 and had properly reflected new European and global challenges of that time (EU, Council of Europe, WIPO, WTO etc.). The author who was at that time actively involved into this process (by his scientific, pedagogical activities as well as within the framework of active international cooperation), nevertheless after more than twenty years he claims not only positive, but also some negative results of this process. He stresses their importance and offers them as a new challenge especially to the new generation of legal scientists in this field. (Paper prepared for Olomouc Days of Law, Palacky University, Olomouc, Czech Republic, 24th – 25th May 2012)
first rewind previous Page / 1 next fast forward last
JavaScript is turned off in your web browser. Turn it on to take full advantage of this site, then refresh the page.