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Je ordoliberalizmus mŕtvy?
(Inauguračná prednáška)
Is Ordoliberalism Dead? (Inaugural lecture)
Doc. JUDr. Katarína Kalesná,
CSc., Faculty of Law at Comenius University in Bratislava
Právny obzor, Volume 103, 2020,
No. 3,
pp. 159 – 168.
Published online: 31.8.2021
Abstract. Competition
law (antitrust) as a regulation of liability in law has the form of general
clauses. Due to this legislative technique, working with general concepts, is
the legal regulation flexible, but its application depends on correct
interpretation. So, the legal regulation can remain unchanged, but the real
contents may be varied. This is the case of the main institutes of competition
law (agreements restricting competition, abuse of a dominant position) that
remained unchanged as far as their legal regulation in European law is concerned.
The original provisions in Treaty on European Economic Community (1957) were
adopted under influence of ordoliberalism and are the same until now. ( Treaty
on Functioning of the European Union, Art. 101, 102.) General clauses technique
enables interpretation of the legal regulation in harmony with the prevailing
economic theories. To answer the question raised in the title the article after
the short characteristics of ordoliberalism gives an overview of interpretation
development from ordoliberalism to economization of competition protection,
comparing different approaches using examples of case law. Finally, it explores
whether ordoliberalism and the classical concepts of antitrust as a whole are
applicable in the era of digitalisation of economy. With regard to the
artificial intelligence development it stresses importance of humanistic
foundations of ordoliberalism.
Key words:
competition, general clauses, ordoliberalism, economic approach, digital era
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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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