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Publication details
Kritický pohled na koncept relevantního trhu.
Title in English | Critical View of the Relevant Market Concept |
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Authors | |
Year of publication | 2012 |
Type | Article in Periodical |
Magazine / Source | Časopis pro právní vědu a praxi |
MU Faculty or unit | |
Citation | |
Field | Law sciences |
Keywords | relevant market;SSNIP test;competition law;antitrust |
Description | In this paper the author offers a critical view of the relevant market concept which is the key term in competition law and strongly influences the end results of competition law regulation. The author presents the standpoint that in the current concept, which is very narrow and where an excessively strong legal meaning is attributed to defined market boundaries, this concept is hard to defend, brings distorted results of competition law analyses and compromises their telling value. Three levels are mentioned in the text to consider the issue: (i) too narrow market boundary definition, but connected with significant normative effects, (ii) imperfection of methods adopted for market boundary definition, and (iii) imperfect adoption of these methods in application practice. The author therefore suggests certain modifications of the entire concept accompanied by a mitigation of the significance attributed to the whole institute. |
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