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1.
Selective distribution restrictions in the EU competition law
Daria Kostecka-Jurczyk, 2020, original scientific article

Abstract: The dynamic development of digital technologies favours the rapid increase the popularity of electronic commerce, but at the same time causes an ever-stronger competitive pressure, prompting manufacturers and wholesalers to use various tools for controlling the sales system, especially prices. They often impose various restrictions on commercial partners (e.g. distributors) by preventing them from using certain sales channels. However, it is difficult to delimit the legality of such sales restrictions. It is very difficult to find an answer to the question of where the appropriate demarcation line should be drawn that determines the violation of competition rules, especially in online sales. Regulation 330/2010 seems not to be tailored to the assessment of restrictions in online distribution channels. The aim of the article is to point out the lack of appropriate tools to assess the restrictions of internet sales. The article shows that there is currently no uniform approach by antitrust authorities, which in turn results in legal uncertainty. It seems that the amendment of Regulation 330/2010 should be considered and the market share threshold set out in it should be lowered, while at the same time ensuring that it will be an actual safe harbour for companies, including online distributors.
Keywords: anticompetitive agreements, block exemption regulation, competition law, online sales, selective distribution, vertical agreements
Published: 15.01.2021; Views: 124; Downloads: 0

2.
Determining jurisdiction and the applicable law in cross-border unfair competition and unfair commercial practices cases
Iveta Rohová, David Sehnálek, 2017, original scientific article

Abstract: The free movement of goods promotes cross-border transactions. Computerization of services and intensified use of the Internet also contribute to the development of trade within the EU. Problems that could once be addressed almost exclusively or at least prevailingly at a national level currently assume cross-border character. This is also true in the case of regulation of unfair competition and unfair commercial practices. Whereas the substantive regulation of unfair competition in both EU and domestic law is quite common in scientific literature, its aspects in private international law are often neglected. Since the EU law has to a large extent replaced national conflict-of-law and procedural rules with unified EU provisions, this article focuses on the EU regulations Rome II and Brussels I bis with the emphasis put on the latter. The aim of this article is to review the rules determining jurisdiction (and the applicable law) on the basis of legal doctrine, current legislation and case law of the Court of Justice of the EU. Attention also will be paid to both off-line and on-line situations, as well as to the specifics of consumer protection in the context of unfair competition and unfair commercial practices.
Keywords: unfair competition, unfair commercial practices, private international law, applicable law, jurisdiction, on-line torts
Published: 15.01.2021; Views: 34; Downloads: 2
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3.
Competition authorities as the pillar of a competitive social market economy
Tatjana Jovanić, 2017, original scientific article

Abstract: The European economic model benefits from market forces as conditions for achieving goals of enterprises and consumers and economic efficiency is assured by necessary market infrastructure. Competition authorities are, without a doubt, one of the crucial pillars of the (social) market economy. The strength and impact of the competition rules is determined by their efficient implementation. The modest results to date of the competition policy in transitional economies militates in favor of an increase of the institutional capacity and require strengthening of the regulatory powers of public agencies in construction of an efficient economic system. Establishing a system of competitive markets through sectoral regulation, competition protection and state aid control at the national level requires a valid solution for a variety of legal, political and institutional conflicts. As the experience of the countries of South-East Europe has shown, many difficulties arising from the establishment of a functioning control system are procedural and relate to institutional building dilemmas. The purpose of this article is to shed light on the requirements the Republic of Serbia has to satisfy in accession negotiations, and in particular, those related to building an efficient system of state aid control.
Keywords: social market economy, competition protection, state aid, institution building, Serbia
Published: 15.01.2021; Views: 23; Downloads: 2
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4.
Selected legal problems of online advertising
Aleksandra Nowak-Gruca, 2018, original scientific article

Abstract: The aim of this article is to analyse the most important issues related to the latest forms of online advertising. In particular, appreciating the importance of online advertising in the development of the information society, the question is then raised about the legal limits of the admissibility of advertising, which is invasive, insistent or contains hidden meaning, inaccessible to the recipient's awareness of content. This issue has been presented from the perspective of European Union (EU) law, in the context of selected directives relevant for online advertising. The problem raised in the article deserves to be developed because we observe a sharp increase in the importance of the Internet, and the online advertising issue has not been the subject of comprehensive regulation in EU law.
Keywords: online advertising, native advertising, product placement, unfair competition, integrity in advertising
Published: 15.01.2021; Views: 24; Downloads: 19
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5.
Characteristics of innovation in regions with small- and medium-sized towns
Zoltán Birkner, Tivadar Máhr, Erzsébet Péter, Nora Berkes Rodek, 2018, original scientific article

Abstract: Globalisation “takes” its victims, which the authors believe means that the future of small- and medium-sized towns has become uncertain in Europe. The role of centres is continuously increasing, and most researchers prefer to analyse the competitiveness and innovativeness of metropolitan areas. In this study, we characterise the small- and medium-sized towns in the central–eastern European region as well as explore their possible development path. The authors are convinced that one way for these towns to survive is through strengthening of innovation abilities, which means increasing the innovation performances of economic stakeholders and new forms of interaction among other institutions in order to handle social problems. The theoretical starting point is the interpretation and presentation of the micropolitan (without big towns) regions as well as understanding the concept of technological and social innovation. As the result of the research, the innovation measurements carried out in some of the settlements will be represented. These experiences can help the small- and medium-sized towns keep up with global competition and cancel migration and erosion of intellectual potential.
Keywords: micropolitan region, innovation in regions, technological and social innovation, competition
Published: 10.10.2018; Views: 556; Downloads: 251
.pdf Full text (278,38 KB)
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6.
Selected legal problems of online advertising
Aleksandra Nowak-Gruca, 2018, original scientific article

Abstract: The aim of this article is to analyse the most important issues related to the latest forms of online advertising. In particular, appreciating the importance of online advertising in the development of the information society, the question is then raised about the legal limits of the admissibility of advertising, which is invasive, insistent or contains hidden meaning, inaccessible to the recipient's awareness of content. This issue has been presented from the perspective of European Union (EU) law, in the context of selected directives relevant for online advertising. The problem raised in the article deserves to be developed because we observe a sharp increase in the importance of the Internet, and the online advertising issue has not been the subject of comprehensive regulation in EU law.
Keywords: online advertising, native advertising, product placement, unfair competition, integrity in advertising
Published: 02.08.2018; Views: 393; Downloads: 217
.pdf Full text (327,57 KB)
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7.
Competition authorities as the pillar of a competitive social market economy
Tatjana Jovanić, 2017, original scientific article

Abstract: The European economic model benefits from market forces as conditions for achieving goals of enterprises and consumers and economic efficiency is assured by necessary market infrastructure. Competition authorities are, without a doubt, one of the crucial pillars of the (social) market economy. The strength and impact of the competition rules is determined by their efficient implementation. The modest results to date of the competition policy in transitional economies militates in favor of an increase of the institutional capacity and require strengthening of the regulatory powers of public agencies in construction of an efficient economic system. Establishing a system of competitive markets through sectoral regulation, competition protection and state aid control at the national level requires a valid solution for a variety of legal, political and institutional conflicts. As the experience of the countries of South-East Europe has shown, many difficulties arising from the establishment of a functioning control system are procedural and relate to institutional building dilemmas. The purpose of this article is to shed light on the requirements the Republic of Serbia has to satisfy in accession negotiations, and in particular, those related to building an efficient system of state aid control.
Keywords: social market economy, competition protection, state aid, institution building, Serbia
Published: 02.08.2018; Views: 403; Downloads: 41
.pdf Full text (444,68 KB)
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8.
Determining jurisdiction and the applicable law in cross-border unfair competition and unfair commercial practices cases
Iveta Rohová, David Sehnálek, 2017, original scientific article

Abstract: The free movement of goods promotes cross-border transactions. Computerization of services and intensified use of the Internet also contribute to the development of trade within the EU. Problems that could once be addressed almost exclusively or at least prevailingly at a national level currently assume cross-border character. This is also true in the case of regulation of unfair competition and unfair commercial practices. Whereas the substantive regulation of unfair competition in both EU and domestic law is quite common in scientific literature, its aspects in private international law are often neglected. Since the EU law has to a large extent replaced national conflict-of-law and procedural rules with unified EU provisions, this article focuses on the EU regulations Rome II and Brussels I bis with the emphasis put on the latter. The aim of this article is to review the rules determining jurisdiction (and the applicable law) on the basis of legal doctrine, current legislation and case law of the Court of Justice of the EU. Attention also will be paid to both off-line and on-line situations, as well as to the specifics of consumer protection in the context of unfair competition and unfair commercial practices.
Keywords: unfair competition, unfair commercial practices, private international law, applicable law, jurisdiction, on-line torts
Published: 02.08.2018; Views: 400; Downloads: 39
.pdf Full text (559,94 KB)
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9.
Self-assessment system
Mitja Kovač, Patricia Kotnik, 2015, original scientific article

Abstract: Efficient regulatory mechanisms that induce innovation, co-operation and deter competition law infringements have recently been the subject of growing attention. Competition is essential to the innovation process which in general terms enables entrepreneurship. But so too is co-operation between firms which requires an exchange of information and may lead to inefficient collusive behaviour. The optimal trade-off between the provision of stable entrepreneurial incentives and the new European competition law’s reform with the self-assessment system has been largely missing from the current scholarly debate. This paper identifies the unintended, harmful horizontal side effects of this new European self-assessment system upon the entrepreneurial activity, offers a legal evaluation of the optimal entrepreneurial incentive mechanisms and provides legal and entrepreneurial arguments for an improved regulatory response.
Keywords: Slovenia, pravo, insolvency, legislation, competition policy, information exchange, entrepreneurship, innovation, self-assessment system
Published: 02.08.2018; Views: 253; Downloads: 33
.pdf Full text (484,03 KB)
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10.
Assessment of the state of competition in the banking market in the Russian Federation
Anna Rabdanova, Vera Bulatova, 2016, original scientific article

Abstract: Competition is one of the factors directly influencing the development of the banking market, the stability of the banking system, and the monetary system as a whole. This article describes the features of banking competition, methods of analysis of banking competition, and an analysis of the current state of competition in the banking market in the Russian Federation. The analysis of banking competition in the Russian Federation was performed using the concentration ratio for the top three companies and the Herfindahl-Hirschman Index. The research concludes with an assessment of the state of competition in the banking market and identification of the barriers to entering the financial services market.
Keywords: Commercial bank, bank competition, banking market, market concentration
Published: 03.11.2017; Views: 689; Downloads: 244
.pdf Full text (340,42 KB)
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