Publication details
Koncept Failing Firm Defence – poslední naděje pro obchodní korporace v úpadku?
| Title in English | The Failing Firm Defence Concept - the last hope for business companies in bankruptcy? |
|---|---|
| Authors | |
| Year of publication | 2014 |
| Type | Article in Periodical |
| Magazine / Source | Právní rozhledy |
| MU Faculty or unit | |
| Citation | |
| Field | Law sciences |
| Keywords | bankruptcy; bankruptcy solution; company; entrepreneur; failing firm defence test; insolvency; merger; |
| Description | The concept Failing Firm Defence ("FFD"), or the so-called "rescue merger" has no tradition in the Czech legal system. Even in the Czech doctrine was not this concept - with some exceptions - previously described. The FFD is a concept whose essence is the situation, where one enterpreneur joins forces with its rival. However, this concept is contrary to the very basis of functional protection of competition. In recent years, the EU deals with FFD and use it for the internal market. Inpiration of this doctrine as part of soft law also accepted Czech Office of the protection of competition. FFD can thus represent an interesting opportunity to achieve relatively favorable level of competition in the relevant market. Last but not least are there some positive economic and social contexts, because sometimes it is more important than terminate business of enterpreneurs (e. g. in case of their bankruptcy) try to rescue them. |