Značaj preventivnih mera za odvraćanje od zloupotrebe dominantnog položaja

Abstract

Subject of this paper is an analysis of the risks of a competition infringement in the case of a dominant position on the market at all development stages. The aim of the paper is to present a tripartite model of analysis, which, apart from the sanctioning of the infringement, assumes firstly synchronisation of carrying out business activities with the rules of protection of competition on the part of the market participant, as well as the possibility of a compromise on the situation when the research procedure has already been started. It is concluded that in the case of crossing the permitted dominant position at a market into prohibited abuse, having in mind a situation where there are no stable rules for assessment, ex ante approach is of great significance. The market is moving backwards, from sanctioning behaviour to preventive behaviour and a more significant position of the market participant in a role of estimation of the level of risk of the competition infringement.