Competition right is the comprehensive generic term for the right for the fight of competition mean competitions (= classical competition right strictly speaking) and the right against restraints of trade (= trust right).

The competition right divides thereby on into the integrity right and the trust right; besides one can understand also the aid right (subsidy) as an aspect of the competition right.

In the German linguistic area however the term competition right is usually used only for the classical competition right strictly speaking. In addition the law counts against the mean competition as central Kodifikation of the integrity right in Germany (UWG).

The competition right in the sense understood far serves the adjustment of the competition between the market participants and has as final goal the free competition. It is to prevent monopolies and create economical stability. The protection property of the competition right is the competition. A legally locking definition for "“competition"” is not recognized, under competitive behavior can one however the effort of the market participants understand to provide advantages opposite other market participants. One can name however competition also a market structure. To that extent the legal term of the competition possesses a certain ambiguity.

European competition right

In the Europeanlegal linguistic usage, the term competition right is usually understood in the broad sense. The European competition right covers the right of the subventions apart from the trust right. It is regulated in the title VI of the EEC contract, in kind 81-85 EEC the trust right, in kind 86 EEC regulations over public and monopoly-like enterprises undin the kind 87-88 EEC the aid right. A component of the European competition right is besides preventive control of concentration projects of a certain order of magnitude for their compatibility with the Common Market after the so-called fusion control regulation (union control).

see also: Hearing representative

Literature

• Wolfgang Hefermehl, Helmut and Joachim fount comb, competition right, 24. Aufl., works on from Helmut and Joachim fount comb, Beck, Munich 2006, ISBN 3-406-53880-0
• Wolfgang Gloy and Michael Loschelder: Manual of the competition right, 3. Aufl. Beck, Munich 2005, ISBN 3-406-49973-2
• Seriousness Joachim and Heike Schweitzer: European competition right, 2. Aufl, Beck, Munich 2004, ISBN 3-406-33065-7
• Katharina Vth Boe, competition right, 1. Aufl. Mueller (C.F.Jur.), Heidelberg 2005, ISBN 3-8114-3117-X

Articles in category "Competition right"

We found here 16 articles.