A critical look at the concept of the relevant market Cover Image

Kritický pohled na koncept relevantního trhu
A critical look at the concept of the relevant market

Author(s): Josef Šilhán
Subject(s): Commercial Law
Published by: Masarykova univerzita nakladatelství
Keywords: relevant market concept; results of competition; competition law regulations;strong legal meaning ;defined market boundary; market boundary decinition; significant normative effects;

Summary/Abstract: In this paper the author offers a critical view of the relevant market concept which is one of the key terms in competition (antitrust) law and strongly influences the end results of competition law regulation. The author presents the standpoint that in the current, quite narrow perception with strong legal meaning attributed to defined market boundaries, it has some significant shortcomings. Three levels are mentioned in the text to consider the issue: (i) too narrow market boundary decinition, but connected with significant normative effects, (ii) imperfection of methods adopted for market boundary definition, and (iii) imperfect adoption of these methods in application practice. The author therefore suggests certain modifications of the entire concept accompanied by a mitigation of the significance attributed to the whole institute.

  • Issue Year: 20/2012
  • Issue No: 2
  • Page Range: 143-152
  • Page Count: 10
  • Language: Czech