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Competition Law in the Slovak Republic

Author: Andrea Oršulová

Publisher: Kluwer Law International B.V.

Published: 2023-03-20

Total Pages: 352

ISBN-13: 9403536667

Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of competition law and its interpretation in Slovak Republic covers every aspect of the subject – the various forms of restrictive agreements and abuse of dominance prohibited by law and the rules on merger control; tests of illegality; filing obligations; administrative investigation and enforcement procedures; civil remedies and criminal penalties; and raising challenges to administrative decisions. Lawyers who handle transnational commercial transactions will appreciate the explanation of fundamental differences in procedure from one legal system to another, as well as the international aspects of competition law. Throughout the book, the treatment emphasizes enforcement, with relevant cases analysed where appropriate. An informative introductory chapter provides detailed information on the economic, legal, and historical background, including national and international sources, scope of application, an overview of substantive provisions and main notions, and a comprehensive description of the enforcement system including private enforcement. The book proceeds to a detailed analysis of substantive prohibitions, including cartels and other horizontal agreements, vertical restraints, the various types of abusive conduct by the dominant firms and the appraisal of concentrations, and then goes on to the administrative enforcement of competition law, with a focus on the antitrust authorities’ powers of investigation and the right of defence of suspected companies. This part also covers voluntary merger notifications and clearance decisions, as well as a description of the judicial review of administrative decisions. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Slovak Republic will welcome this very useful guide, and academics and researchers will appreciate its value in the study of international and comparative competition law.

Recent Developments in Slovak Competition Law - Legislation and Case Law Review

Author: Katarina Fodorova

Publisher:

Published: 2016

Total Pages: 21

ISBN-13:

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Slovak competition law is set by the Act No. 136/2001 Coll. on the Protection of Competition, as amended (hereafter, Competition Act). Covered therein is the prohibition of competition restricting agreements and the prohibition of the abuse of dominance as well as concentration control. The wording of the prohibitions is identical to Articles 101 and 102 TFEU. Control of concentrations is largely modelled after the EU system also including the substantive test, Significant Impediment of Effective Competition, which is used in Slovakia since 2012 with some procedural divergences. Enforcement is administrative in nature and only undertakings are subject to investigations and fines. The relevant enforcement body is the Antimonopoly Office of the Slovak Republic.

Slovak Republic

Author: Andrea Ors̆ulová

Publisher:

Published: 2019

Total Pages:

ISBN-13:

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Ten Years in the European Union - Selected Remarks Related To the Harmonisation of Slovak Competition Law with EU Competition Law

Author: Barbora Králičková

Publisher:

Published: 2016

Total Pages: 15

ISBN-13:

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The aim of this paper is to provide an overview of the application of competition law in the Slovak Republic since it became a member of the European Union 10 years ago. Special emphasis is placed on selected problems and questions which arose in the application of European competition rules and the need for an adjustment of Slovak competition legislation to EU requirements. The paper presents the relevant amendments in the Slovak Competition Act and analyses in detail their background. Slovak competition law has undergone many changes in the past 10 years, not always without problems. The aim of this paper is to identify the most important of those difficulties and explain why they have occurred. The correct application of national and EU competition rules by Slovak courts has proven to be one of the biggest challenge here, ultimately even causing the European Commission to intervene as amicus curiae. The actions taken by the European Commission in relation to competition matters within the Slovak Republic, and its resulting recommendations, will also be considered. The paper will outline how Slovak competition law has been step-by-step increasing its harmonisation with EU competition law over the last 10 years. Indeed, it is now possible to claim that Slovak competition legislation is fully harmonised with the rules of the European Union. The paper will thus mainly focus on those elements of Slovak law which can give a clear picture of the state of convergence of both legal systems. Nevertheless, the end of the road has not yet been reached. Further harmonisation of selected current topics within Slovak competition law will need to be assessed also. It will also be necessary to analyse which direction should Slovak competition law take in the future with regard to current EU trends. These issues include the need to find a balance between the protection of business secrets and the right of procedural parties to due process, especially in connection with the protection of leniency documents.

Commercial and Economic Law in the Slovak Republic

Author: Alexandra Andhov

Publisher: Kluwer Law International

Published: 2020-12-20

Total Pages: 264

ISBN-13: 9789403530109

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Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law covering merchants' status and obligations - including the laws governing state intervention in economic activities - in the Slovak Republic provides quick and easy guidance on such commercial and economic matters as business assets, negotiable instruments, commercial securities, and regulation of the conditions of commercial transactions. Lawyers who handle transnational business will appreciate the explanation of local variations in terminology and the distinctive concepts that determine practice and procedure. Starting with a general description of the specifically applicable concepts and sources of commercial law, the book goes on to discuss such factors as obligations of economic operators and institutions, goodwill, broker/client relations, commercial property rights, and bankruptcy. Discussion of economic law covers the laws governing establishment, supervision of economic activities, competition law, and government taxation incentives. These details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Thorough yet practical, this convenient volume is a valuable tool for business executives and their legal counsel with international interests. Lawyers representing parties with interests in the Slovak Republic will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative commercial and economic law.

Enhanced Digitalisation and Competition Law Enforcement in Slovakia

Author: Maria T. Patakyova

Publisher:

Published: 2023

Total Pages: 0

ISBN-13:

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Digitalisation is a challenge from the regulatory point of view. Competition law, as a special type of regulation, is no exception to this. The article explores the risks of digitalisation, especially the ones related to the enhanced use of pricing algorithms. In theory, pricing algorithms are not easily assessed from the perspective of competition law, let alone its application in practice. The prohibition of anticompetitive agreements (pursuant to Article 101 of the Treaty on Functioning of the European Union (TFEU)) is applied with certain diffi culty to agreements created by using pricing algorithms. This is an unfortunate situation, as horizontal agreements represent one of the worst infringements of EU competition law, including price cartels or bid rigging. Apart from presenting a theoretical background, the article dives into the practice of the Antimonopoly Offi ce of the Slovak Republic (AMO) in order to assess which practical issues the AMO might face when applying the theoretical concepts. In sum, the article asks from a theoretical perspective which issues of competition law have been introduced (or deepened) by the enhanced digitalisation, looking in particular to pricing algorithms. On top of that, the article explores the issues which may be encountered in practice, taking the Slovak jurisdiction as the example. The willingness and feasibility of the AMO to enforce digital issues such as pricing algorithms is assessed based on the previous acts of the AMO as well as the new Act on Protection of Competition, adopted by the Slovak parliament on 11 May 2021.

Behavioral Vs. Structural Remedies in European and Slovak Competition Law

Author: Katarina Kalesna

Publisher:

Published: 2020

Total Pages: 0

ISBN-13:

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Market economy presupposes a proper functioning of competition. Identification of situations potentially harmful for competition is a task for competition authorities. However, how to handle the situation at stake is an issue in itself. Although there is regulation of remedies in EU competition law and a partial regulation in Slovak competition law, especially merger regulation, the question is in what manner, if at all, are remedies applied in practice. This paper deals with these questions in relation to merger as well as antitrust cases. It looks into theoretical background followed by an outline of the European Commission's cases. On top of that, the paper inquiries into the employment of remedies in broader sense in the practice of the Slovak Republic. After presentation of the Slovak regulation of remedies, three recent cases are addressed. The first one is represented by a merger case from the health services sector which was cleared only upon conditions. The situation which triggered the need for remedies is elaborated on, as well as the structural and partially behavioural remedies which were employed. The second one is represented by a case from car industry sector where behavioural obligations were imposed by a decision on commitments in order to solve possible vertical restrains. Although it is less usual to impose remedies in antitrust cases, the case shows how competition law's concerns on vertical market can be solved by obligations of behavioural type. The third one deals with a cartel case in which a behavioural remedy in form of prohibition of participation in tendering procedures was imposed. Therefore, the paper shows how obligations to act in certain manner or to undergo structural change can be employed in practice at Union and national level in order to solve competition law issues.

Competition Law in Central and Eastern Europe

Author: Russell Pittman

Publisher:

Published: 1997

Total Pages: 54

ISBN-13:

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Competition and Competition Policy

Author: Saul Estrin

Publisher:

Published: 1993

Total Pages: 168

ISBN-13:

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Examines the market structure and the potential role of competition policy in the transition economies of Poland, Hungary, and the Czech and Slovak Republics. Focuses on three issues: whether competition has a place during the transition, whether competition should follow the European or American model, and how the "crisis cartels" should be treated in law and in practice. The 10 articles are from a conference in London, June 1992. Almost no bibliographic references. Annotation copyright by Book News, Inc., Portland, OR

The Competition Law of Central and Eastern Europe

Author: Marjo Ojala

Publisher:

Published: 1999

Total Pages: 512

ISBN-13:

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This text provides a comprehensive and highly practical explanation of the law relevant to the increasingly important business areas of sponsorship, endorsement and merchandising. It synthesises a variety of current practices to provide clear guidance on all aspects of negotating contracts