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Kontrola priznania a výkonu
osobitných a výlučných práv v európskom práve
Control of granting
and exercise of special and exclusive rights in European law
Mgr. Lukáš Lapšanský, PhD.,
Institute of State and Law of Slovak Academy of Sciences
Právny obzor, Volume 102, 2019,
No. 6,
pp. 492 – 508.
Published online: 31.8.2021
Abstract. Article 106
paragraph 1 of the Treaty on the Functioning of the European Union allows to
control not only the exercise, but also the very existence of special or
exclusive rights that the EU Member States grant to some enterprises. The right
of the Member States to grant an exclusive right to certain enterprise and thus
ensure its dominant position on certain market, which is fundamentally
recognised by European law, must not give rise to a situation where the
privileged enterprise adopts a conduct constituting the abuse of a dominant
position, prohibited by Article 102 of the Treaty on the Functioning of the
European Union.
Key words: economic
competition, special or exclusive rights, abuse of a dominant position
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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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