The Development of Competition Law

The Development of Competition Law

Global Perspectives

ASCOLA Competition Law series

Edited by Roger Zäch, Andreas Heinemann and Andreas Kellerhals

This innovative book discusses the global character of competition law focusing on three interrelated perspectives; firstly, the impact of economics on competition policy; secondly, the competition law experience in selected countries (USA, EU, Japan, India, China, Brazil, transition countries) and how the law has adapted to the political, economic, geographic and cultural environment; and thirdly, the process of internationalisation and convergence of competition law.

Chapter 7: Transition Countries Facing Transitory Competition Rules: ‘Moving Shooter’ Taking Aim at a ‘Moving Target’

Josef Bejek

Subjects: law - academic, competition and antitrust law


Josef Bejček* GENERAL INTRODUCTORY REMARKS 1 It is a somewhat strange feeling to talk about the issue of development of competition law from the perspective of a new member state of the EU. It resembles the situation of proverbial ‘talking about rope in hangman’s house’. The reason why is as follows: new member states are to blame (at least indirectly) because of the pressure on modernisation of the EU competition law. This law and its enforcement were difficult enough even before the accession of new joining states. The shock of accession of ten new states partially without sufficient antitrust legislation and antitrust culture might have been fatal and deadly. It is, of course, too early to assess the ‘modernisation package’ of the EU competition law and its direct impact on the legal systems of particular member states. Anyway, it is a strategic attempt to remove internal faults of the system and to secure its workability under changed circumstances by the means of ‘residual decentralization and selective recentralization’.1 Some argue that the word ‘modernisation’ usually only disguises the fact that there is not enough money or other resources for anything and that it should be therefore changed. I think it was (at least partially) the case in so-called modernisation of European competition law though its reasons were obviously more complex. Nevertheless we might admit * Professor of Law; Director of the Department of Commercial Law, Masaryk University Brno; Member of the Appellate Committee of the Czech antitrust authority in Brno, Czech...

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