Publication details

Nákupní aliance po novele zákona o významné tržní síle

Title in English Buying alliances aftermath the amendment of the Act on significant buying power
Authors

BEJČEK Josef

Year of publication 2017
Type Article in Periodical
Magazine / Source Antirust
MU Faculty or unit

Faculty of Law

Citation
Web Repozitář MU
Field Law sciences
Keywords significant buying power; buying alliances; agreements distorting competition; not permitted mergers
Attached files
Description Despite buying alliances have undoubtedly economic and procompetitive advantages, yet they imply certain anticompetitive risks as well; first of all agreements distorting competition may be committed via buying alliances including hard-core price coordination. So called „prioritization“ as a means how not to deal with agreements of minor importance is very controversial in a case of hard- core agreements for de-minimis-notice generally does not apply to them. Neither the concept of SEU (inta-enterprise doctrine) is appropriate for buying alliances. SEU – exemption from the cartel ban does not mean the same in terms of ASBP. Buying aliances do not mean any special and qualitative new challenge for the antitrust regulation. Generally, there is no reason for any kind of antitrust immunity for buying alliances. Public- law regulation in the ASBP pursues other goals and does not affect antitrust enforcement.

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