The term “fundamental concepts and standards of competition law” refers to the economic principles that serve as the underlying basis for competition rules. These concepts and standards are generally not explicitly regulated in legal acts. However, legal theory recognizes market power, consumer welfare (consumer benefit), and social welfare, among others, as the fundamental concepts and standards of competition law. While these concepts and standards are the essence of competition law and are pursued by legislators through competition law policy objectives, they are not specifically outlined in legislative acts. Despite their foundational role in competition law, courts often have limited application of these concepts in complex cases. The Slovenian courts are no exception, as they have only referenced or incompletely applied the fundamental concepts and standards in a few decisions since 2004. This thesis first discusses the objectives of European competition law, followed by the definition of key concepts and standards of competition law. It then provides a brief overview of two types of prohibited competition practices. Finally, it presents a short analysis of the Slovenian courts' application of the fundamental concepts and standards.
|
