Nepřijetí nového člena spolku jako výraz spolkové autonomie, nebo nekalá soutěž?
Refusal to Admit a New Member as an Expression of Associational Autonomy or Unfair Competition?

Summary/Abstract: The article examines whether the refusal to admit an applicant as a member of an association may constitute an act of unfair competition under Sections 2976 et seq. of the Czech Civil Code. Situated at the intersection of associational autonomy, competition law, and the constitutionally guaranteed freedom of association, it distinguishes between decisions that remain purely internal acts of self-governance and exceptional cases in which such decisions may have competition-relevant effects. The text systematically analyses the individual elements of the general clause of unfair competition—conduct in the course of trade, conduct contrary to good morals of competition, and the capability of causing harm—and demonstrates that their fulfilment in membership decisions is possible only under extraordinary circumstances, particularly where an association abuses regulatory power, holds a monopoly or quasi-monopoly position, or selectively restricts access to the market. The article further draws on German and Austrian case law concerning the doctrine of Aufnahmezwang, emphasising that these foreign conclusions cannot be uncritically transplanted into Czech law, which lacks an equivalent statutory provision. The author concludes that the mere refusal to admit an applicant generally does not constitute unfair competition and that an expansive judicial intervention would conflict with the constitutional limits of protecting associational autonomy.

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