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DIGITÁLNE PLATFORMY: SÚŤAŽNÉ PRÁVO VERZUS REGULÁCIA EX ANTE

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Kalesná K., Patakyová M.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2021
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vol. 104
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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.
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