Publication details

Kritický pohled na koncept relevantního trhu.

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Title in English Critical View of the Relevant Market Concept
Authors

ŠILHÁN Josef

Year of publication 2012
Type Article in Periodical
Magazine / Source Časopis pro právní vědu a praxi
MU Faculty or unit

Faculty of Law

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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