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po12026-vozar-effectiveness-of-l
Effectiveness
of legal remedies against unfair competition
Doc. JUDr. Jozef
Vozár, CSc., Institute of State and Law, Slovak
Academy of Sciences
Právny Obzor, 108, 2025,
special issue, pp. 4–20.
Published online: 20.1.2026
https://doi.org/10.31577/pravnyobzor.specialissue.2025.01
Abstract.
This article examines the effectiveness of legal instruments
designed to protect against unfair competition within the Slovak legal system.
It analyzes the functionality of substantive claims for refraining from unlawful
conduct and for removing defective states under the Commercial Code. The author
highlights the impact of digital technologies and new marketing practices, such
as greenwashing, on the current application of competition law. A significant
portion of the text is dedicated to procedural aspects governed by the Civil
Dispute Order, with a specific focus on the practical utility of interim
measures. The study critically evaluates the institute of appropriate
satisfaction, emphasizing its dual role of compensating non-material harm and
serving as a preventive sanction. It also addresses the specific procedural
regime for the protection of trade secrets introduced by recent harmonization
with EU directives. The analysis compares the Slovak legal environment with
those of Germany and the Czech Republic, noting significantly lower litigation
activity by consumer associations in Slovakia. The text discusses the limited
practical application of damages due to the rigorous burden of proof required to
establish the causal link in competition disputes. Attention is also drawn to
the complementary role of public law enforcement through the Advertising Act in
cases of misleading advertising. The article concludes that while the
legislative framework is robust, greater procedural activism and strategic
litigation are required to achieve adequate market protection.
Key words:
Unfair competition, Interim measures, Appropriate satisfaction, Civil procedure,
Trade secret
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ISSN 2729-9228
(online)
ISSN 0032-6984
(print)
THEORETICAL REVIEW FOR ISSUES OF STATE AND LAW.
Právny obzor is peer-reviewed journal and is indexed in SCOPUS and HeinOnline database (INDEX TO FOREIGN LEGAL PERIODICALS).
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OPEN ACCESS