Publication details

Podnákladové ceny jako nekalá soutěž?

Title in English Underpricing as Unfair Competition?
Authors

ONDREJOVÁ Dana

Year of publication 2022
Type Article in Periodical
Magazine / Source Právník
MU Faculty or unit

Faculty of Law

Citation
Web Web nakladatele
Keywords unfair competition underpricing prices antitrust law
Description The paper deals with the issue of underpricing from the perspective of the law against unfair competition. It points out the intertwining of the private and public branches of competition law and the confusion of the purpose of both branches in the decision-making practice of Czech courts when assessing the illegality of underpricing used by a non-dominant competitor. The Czech courts incorrectly adopt the conclusions of the case law of the CJEU on the assessment of the unlawful use of below-cost prices by a dominant competitor to cases where such prices are used by a competitor not in that position. This paper seeks to stimulate debate on the issue under consideration and outline appropriate approaches. The possible sanction of below-cost pricing should first be examined according to whether it is offered by the dominant competitor - if so, the application of antitrust law rules (as a sub-fact of abuse of dominance) is appropriate, while cumulative sanction by the law against unfair competition is not excluded. If the use of underpricing is committed by a competitor without a dominant market position, then only the unfair competition law sanction is applicable - in the context of the cumulative fulfilment of the conditions of the general unfair competition clause, it is necessary to take into account the extent and duration of the impact on the relevant market, other competitors or customers, whether the application of below-cost prices is accompanied by an intention on the part of the competitor to eliminate competition on the market (or a particular competitor), the nature of the market, the behaviour of the average consumer on that market (what is the general price level of the goods or services offered at below-cost prices, what is the consumer's reaction to the price change, what is the substitutability of the goods or services, etc.).

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