MIF poplatky za karetní transakce a meze soutěžní regulace

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Title in English MIF fees for card transactions and limits of competition regulation
Authors

KUBEŠA Tomáš

Year of publication 2016
Type Article in Periodical
Magazine / Source Revue soutěžního práva ANTITRUST
MU Faculty or unit

Faculty of Law

Citation
Field Law sciences
Keywords MIF; limits of competition regulation; payment card; fee; VISA; MasterCard
Description This article presents the limits of competition law regulation as shown by the development in the VISA and MasterCard cases. It concludes that competition assessment of market situations with a strong suspicion of anticompetitive conduct cleared by an application of Art. 101/3 based on historical market data requires careful consideration of the applicable method of regulation. Regulating such situations by application of competition rules shows certain weak points, while legislative action seems more appropriate. The drawbacks of the new legislative regulation are based mostly on the low quality of the legislation, not on the method itself.
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