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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.
2

INDIVIDUÁLNY VS. SPOLOČNÝ ZÁUJEM VERITEĽOV V REŠTRUKTURALIZAČNOM KONANÍ

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Patakyová M., Duračinská J.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2018
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vol. 101
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issue 5
455 – 474
EN
The basic prerequisite for the success of the restructuring is an approved restructuring plan, the acceptance and confirmation of which by court must meet the legal criteria. One of the criteria is the compliance of the restructuring plan with the common interest of the creditors, which is however not defined by law. However, the interests of individual creditors are different, while the shareholders as creditors are in a different position in the process of restructuring. The article is focused on criteria that are applied to a test of creditors’ common interest in respect of conflicts of interest between creditors, and a relationship between the test of creditors’ common interest and the test of the best interest of creditors. With regard to the process of approving the restructuring plan, we also focused on the nature of the creditor’s community and on the legitimacy of the way in which the restructuring plan is approved, whether the creditors with different interests are obliged to be loyal to each other in that community. The article analyses the legal nature of the restructuring plan at the same time. The article is based on the decisions of the Constitutional Court of the SR (hereinafter referred to as the “Constitutional Court”).
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