Dualna priroda instituta pravednosti u pravu konkurencije
Dual Nature of the Institute of Fairness in Competition Law

Summary/Abstract: The institute of fairness, regarding the two dominant modalities of legal regulation of the market (European and American), can be treated as a goal or as a principle of the competition law, but it should not be ignored at all. The competition law is developed, in dependence on the definition of the status of the institute of fairness. However, regardless of whether it is treated as a goal or principle, fairness as defined by the competition law reopens the problem of determining the balance between the “socially desirable” and the “economically efficient”. This paper focuses on a concise sublimation and systematization of goals of competition law, which were created as a result of theoretical analysis, as well as practical experience. The paper especially pays attention to the institute of fairness, which has been treated differently by various legal regulation modalities of the market competition, thus creating a dilemma whether fairness should be included among the goals or principles of the competition law, and this, in turn, raises a series of additional issues concerning the positive and negative legal regulation effects on the efficiency of the market and the economy, i.e. defining the ideal intensity of legal regulation of market competition in terms of its effects on the autonomy of the will of economic subjects.

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