Rastislav Funta - Academia.edu (original) (raw)

Papers by Rastislav Funta

The impact of the economic crisis, which has rapidly developed and spread into a global economic ... more The impact of the economic crisis, which has rapidly developed and spread into a global economic shock, has become increasingly severe. The period immediately before the crisis was characterized by a combination of the following factors (hereinafter “origins of the crisis”): Blind belief in the strength of large financial institutions; Incapacity of management to assess real risk; Accumulation of public and private debt; Low interests rates and high world growth; Failure of market discipline; Lack of checks and balances; Shadow banking system and its risks; Rating agencies practices, etc. Developing a system that comes closer to the ideal combination of economic freedom and open competition seems to be necessary. This is of paramount importance, because a healthy financial system is crucial to any working market economy.

A special feature of digital markets and digital business models is the high importance of (user)... more A special feature of digital markets and digital business models is the high importance of (user) data. The control and the ability to analyze large amounts of data (big data) can create competitive advantage. Thus, the importance of data for the economic success of companies should be given more consideration in competition law proceedings. In search services competition, the quality factor plays a decisive role, since the expected quality of the search results determines which search engine will be used by users. Since search engines can influence the retrievability of web pages for users, preference of own search services in the web index may constitute an abusive behavior of a dominant search engine. The purpose of this paper is to provide answers on questions, among other, whether a regulation aimed at preventing abuses is necessary or whether an obligation to publish the search algorithm may be advocated.

The Lawyer Quarterly, 2018

The (extraterritorial) application of US antitrust laws can have, for the concerned European comp... more The (extraterritorial) application of US antitrust laws can have, for the concerned European companies, serious consequences. This applies to the prosecution of antitrust violations as criminal offenses, resulting to the imposition of prison sentences against competitors responsible for antitrust infringing (including foreigners), on the other hand the specificities of bringing civil claims for damages before US courts, including procedural aspects. This article provides a summary of the extraterritorial application of US antitrust law, with emphasis to the jurisdiction of US courts. A question whether the European Commission has jurisdiction over conduct that occurs outside the EU and the differing approaches of the US and the EU of how to regulate foreign anticompetitive activity will be examined.

MFN clauses are often applied on platform markets, through which the seller is obliged to offer i... more MFN clauses are often applied on platform markets, through which the seller is obliged to offer its products on a platform under the best conditions. From the competition law perspective these clauses are controversial. In the past, courts have classified such clauses as restrictive vertical agreements which abused domi­ nant position on the relevant market. Based on such decisions, the following article highlights the competitive economic impact as well as the competitive admissibility of these clauses.

Masaryk University journal of law and technology, 2011

Although the European Union (EU) and the United States (USA) share common values of democracy, ru... more Although the European Union (EU) and the United States (USA) share common values of democracy, rule of law and respect for human rights and fundamental freedoms, there is a critical importance of providing a high level of effective protection of personal data, in particular in the international financial transactions (SWIFT). In a globalizing economy a widespread increase in the availability and use of computers and computer networks creates threats to the privacy. To protect individuals against inappropriate uses of personal data and to ensure the economic benefits of trade liberalization, a more stringent protection of data privacy is needed. The aim should be here protection of personal data while processing and exchanging information for law enforcement purposes. European Commission's Communication from 10 June 2009 states that “Union must be a driving force for behind the development and promotion of international standards for personal data protection and in the conclusion...

The climate and energy policy faces a major challenge to limit climate change, to secure energy s... more The climate and energy policy faces a major challenge to limit climate change, to secure energy supplies by increased energy demand and at the same time to get out from the nuclear power technology. These parallel tasks must be solved by the European climate and energy policy. In particular, the industrialized countries have to reduce their CO2 emissions in a relatively short time. In order to reach this goal it will be inevitable to fully convert Europe's energy supply to renewable energies.This is the concept for a sustainable, secure and affordable energy supply.

IO: Regulation, 2014

The conventional method of defining the relevant product and geographic market was undoubtedly in... more The conventional method of defining the relevant product and geographic market was undoubtedly in the foreground of the practice of the European Commission. Since a few years we can see new approaches coming which are less based on the current practice than on economic theories, and in particular econometric modeling. The article deals with the theory and practice of competitive economic market definition. The article includes a brief explanation of the principles of market definition and the logic of the SSNIP test.

Masaryk University journal of law and technology, 2009

The EC Treaty does not include any definition of State aid. Nevertheless, the Commission and the ... more The EC Treaty does not include any definition of State aid. Nevertheless, the Commission and the European Courts have construed the definition so that we should regard State aid as any advantage granted directly or indirectly through State resources. The ECJ has e.g. in Belgium v Commission stated that aid is ‘defined in regards to its effect, and not its aim or form’. Four cumulative elements must be shown to satisfy the test for State aid which mean that the measure must be specific, it must grant an advantage to an undertaking, the aid must come from State resources, the advantage must distort competition and have an effect on Trade between Member States. Under the first criterion (the measure must be specific) we should understand general economic policy norms (growth- and stability-oriented macroeconomic policies which should sustain economic growth in the short term, create the possibility for growth in the medium-term and the capacity for structural changes in longer-term). A...

TalTech Journal of European Studies

The redesign of data protection in the police and judicial area is intended to create uniformity ... more The redesign of data protection in the police and judicial area is intended to create uniformity at the European level for the citizens of EU Member States. This scientific article analyses the subject of data protection in law enforcement and judicial cooperation in criminal matters. The focus is primarily on the existing provisions and the latest developments of the EU with regard to Directive (EU) 2016/680 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA. The international level with regard to data protection in the police and judicial area and possible changes due to the developments in data protection under European law are also examined in more detail.

Krytyka Prawa

A large number of opinions have been expressed about the decision C-131/12. Initially, Google's d... more A large number of opinions have been expressed about the decision C-131/12. Initially, Google's defeat has been widely welcomed as the giant had suffered a bitter defeat. After a first joy about the containment of Google's arrogance it became clear that the excessive claim for right to be forgotten will dry out our sources of information. Can privacy be seen as a fear for diversity of opinion? It may be due to the tension between data and reputation protection on the one hand and the possibility to protect against lies and fraud on the other hand. It is not just Google's freedom of expression, which is in the centre of our interests. We want to find informations and Google is helping us in this regard. Forcing Google to suppress the information flow can not hinder Google to earn money. If we go through the opinion of the Advocate General and compare it with the reasoning of the ECJ, then we come to the conclusion, that the ECJ had to decide in this a way on the grounds of the current legal status. The ECJ was standing with the back to the wall, because it has to apply the current law and this left no option open. Thus, the ECJ could not follow the opinion of the Advocate General. In the following I will shortly summarize the Spanish Data Protection Authority (SDPA) decision, before moving to the Advocate General opinion and the judgment of the ECJ and finally provide an outlook on possible future development in this regard.

Krytyka Prawa

MFN clauses are often applied on platform markets, through which the seller is obliged to offer i... more MFN clauses are often applied on platform markets, through which the seller is obliged to offer its products on a platform under the best conditions. From the competition law perspective these clauses are controversial. In the past, courts have classified such clauses as restrictive vertical agreements which abused domi nant position on the relevant market. Based on such decisions, the following article highlights the competitive economic impact as well as the competitive admissibility of these clauses.

Cartels are generally acknowledged as one of the most serious forms of anti-competitive behaviour... more Cartels are generally acknowledged as one of the most serious forms of anti-competitive behaviour between competitors. Due to the fact that competition authorities have faced difficulties in enforcing their competition policy with respect to cartels, the leniency program represents a legal, effective and often the only tool available for antitrust enforcers to detect the most serious types of agreements restricting competition. EU and US leniency programs share some common features, but there are also some differences which will be highlighted in the following paper, which will also provide an in-depth legal & economic analysis of cartel law enforcement on both sides of the Atlantic.

Danube

Digitization has changed economic activity in many ways. While digitization has contributed to a ... more Digitization has changed economic activity in many ways. While digitization has contributed to a very dynamic development of markets and competition, concerns are also being expressed about powerful positions of some companies. The digital transformation poses new challenges for companies, consumers, politics and society. Competition policy is also required to address these developments and to adapt existing competition law, if necessary. The following analysis of digital markets showed that it is not possible, in general, to make concrete competition policy statements or even to give detailed recommendations for the antitrust analysis. The aspects are to be considered separately and in detail when examining search engines, social networks, trading platforms and other business models. On the other hand, data (and data analysis) should stand in the centre of competition law analysis due to their importance for the economic success of digital market companies.

DANUBE

Various internet platforms have rapidly developed into central points of everyday life, for priva... more Various internet platforms have rapidly developed into central points of everyday life, for private individuals as well as for companies (often dominated by a single or a few companies). At the same time these internet platforms are advancing into more and more areas of business. This creates the risk of dependency, abuse of power, manipulation, concentration of power, centralization of data and information with corresponding effects on technological development, innovation, economy, society and politics. From an economic point of view, this article examines how the strong market positions of internet platforms arise and can be maintained. The dynamics of these technology and innovation-driven markets and the differences from conventional markets are also discussed. These internet markets have emerged from a series of innovations and are characterized by rapid technological development. Taking into account the economic peculiarities as well as knowledge from innovation and governanc...

The impact of the economic crisis, which has rapidly developed and spread into a global economic ... more The impact of the economic crisis, which has rapidly developed and spread into a global economic shock, has become increasingly severe. The period immediately before the crisis was characterized by a combination of the following factors (hereinafter “origins of the crisis”): Blind belief in the strength of large financial institutions; Incapacity of management to assess real risk; Accumulation of public and private debt; Low interests rates and high world growth; Failure of market discipline; Lack of checks and balances; Shadow banking system and its risks; Rating agencies practices, etc. Developing a system that comes closer to the ideal combination of economic freedom and open competition seems to be necessary. This is of paramount importance, because a healthy financial system is crucial to any working market economy.

A special feature of digital markets and digital business models is the high importance of (user)... more A special feature of digital markets and digital business models is the high importance of (user) data. The control and the ability to analyze large amounts of data (big data) can create competitive advantage. Thus, the importance of data for the economic success of companies should be given more consideration in competition law proceedings. In search services competition, the quality factor plays a decisive role, since the expected quality of the search results determines which search engine will be used by users. Since search engines can influence the retrievability of web pages for users, preference of own search services in the web index may constitute an abusive behavior of a dominant search engine. The purpose of this paper is to provide answers on questions, among other, whether a regulation aimed at preventing abuses is necessary or whether an obligation to publish the search algorithm may be advocated.

The Lawyer Quarterly, 2018

The (extraterritorial) application of US antitrust laws can have, for the concerned European comp... more The (extraterritorial) application of US antitrust laws can have, for the concerned European companies, serious consequences. This applies to the prosecution of antitrust violations as criminal offenses, resulting to the imposition of prison sentences against competitors responsible for antitrust infringing (including foreigners), on the other hand the specificities of bringing civil claims for damages before US courts, including procedural aspects. This article provides a summary of the extraterritorial application of US antitrust law, with emphasis to the jurisdiction of US courts. A question whether the European Commission has jurisdiction over conduct that occurs outside the EU and the differing approaches of the US and the EU of how to regulate foreign anticompetitive activity will be examined.

MFN clauses are often applied on platform markets, through which the seller is obliged to offer i... more MFN clauses are often applied on platform markets, through which the seller is obliged to offer its products on a platform under the best conditions. From the competition law perspective these clauses are controversial. In the past, courts have classified such clauses as restrictive vertical agreements which abused domi­ nant position on the relevant market. Based on such decisions, the following article highlights the competitive economic impact as well as the competitive admissibility of these clauses.

Masaryk University journal of law and technology, 2011

Although the European Union (EU) and the United States (USA) share common values of democracy, ru... more Although the European Union (EU) and the United States (USA) share common values of democracy, rule of law and respect for human rights and fundamental freedoms, there is a critical importance of providing a high level of effective protection of personal data, in particular in the international financial transactions (SWIFT). In a globalizing economy a widespread increase in the availability and use of computers and computer networks creates threats to the privacy. To protect individuals against inappropriate uses of personal data and to ensure the economic benefits of trade liberalization, a more stringent protection of data privacy is needed. The aim should be here protection of personal data while processing and exchanging information for law enforcement purposes. European Commission's Communication from 10 June 2009 states that “Union must be a driving force for behind the development and promotion of international standards for personal data protection and in the conclusion...

The climate and energy policy faces a major challenge to limit climate change, to secure energy s... more The climate and energy policy faces a major challenge to limit climate change, to secure energy supplies by increased energy demand and at the same time to get out from the nuclear power technology. These parallel tasks must be solved by the European climate and energy policy. In particular, the industrialized countries have to reduce their CO2 emissions in a relatively short time. In order to reach this goal it will be inevitable to fully convert Europe's energy supply to renewable energies.This is the concept for a sustainable, secure and affordable energy supply.

IO: Regulation, 2014

The conventional method of defining the relevant product and geographic market was undoubtedly in... more The conventional method of defining the relevant product and geographic market was undoubtedly in the foreground of the practice of the European Commission. Since a few years we can see new approaches coming which are less based on the current practice than on economic theories, and in particular econometric modeling. The article deals with the theory and practice of competitive economic market definition. The article includes a brief explanation of the principles of market definition and the logic of the SSNIP test.

Masaryk University journal of law and technology, 2009

The EC Treaty does not include any definition of State aid. Nevertheless, the Commission and the ... more The EC Treaty does not include any definition of State aid. Nevertheless, the Commission and the European Courts have construed the definition so that we should regard State aid as any advantage granted directly or indirectly through State resources. The ECJ has e.g. in Belgium v Commission stated that aid is ‘defined in regards to its effect, and not its aim or form’. Four cumulative elements must be shown to satisfy the test for State aid which mean that the measure must be specific, it must grant an advantage to an undertaking, the aid must come from State resources, the advantage must distort competition and have an effect on Trade between Member States. Under the first criterion (the measure must be specific) we should understand general economic policy norms (growth- and stability-oriented macroeconomic policies which should sustain economic growth in the short term, create the possibility for growth in the medium-term and the capacity for structural changes in longer-term). A...

TalTech Journal of European Studies

The redesign of data protection in the police and judicial area is intended to create uniformity ... more The redesign of data protection in the police and judicial area is intended to create uniformity at the European level for the citizens of EU Member States. This scientific article analyses the subject of data protection in law enforcement and judicial cooperation in criminal matters. The focus is primarily on the existing provisions and the latest developments of the EU with regard to Directive (EU) 2016/680 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA. The international level with regard to data protection in the police and judicial area and possible changes due to the developments in data protection under European law are also examined in more detail.

Krytyka Prawa

A large number of opinions have been expressed about the decision C-131/12. Initially, Google's d... more A large number of opinions have been expressed about the decision C-131/12. Initially, Google's defeat has been widely welcomed as the giant had suffered a bitter defeat. After a first joy about the containment of Google's arrogance it became clear that the excessive claim for right to be forgotten will dry out our sources of information. Can privacy be seen as a fear for diversity of opinion? It may be due to the tension between data and reputation protection on the one hand and the possibility to protect against lies and fraud on the other hand. It is not just Google's freedom of expression, which is in the centre of our interests. We want to find informations and Google is helping us in this regard. Forcing Google to suppress the information flow can not hinder Google to earn money. If we go through the opinion of the Advocate General and compare it with the reasoning of the ECJ, then we come to the conclusion, that the ECJ had to decide in this a way on the grounds of the current legal status. The ECJ was standing with the back to the wall, because it has to apply the current law and this left no option open. Thus, the ECJ could not follow the opinion of the Advocate General. In the following I will shortly summarize the Spanish Data Protection Authority (SDPA) decision, before moving to the Advocate General opinion and the judgment of the ECJ and finally provide an outlook on possible future development in this regard.

Krytyka Prawa

MFN clauses are often applied on platform markets, through which the seller is obliged to offer i... more MFN clauses are often applied on platform markets, through which the seller is obliged to offer its products on a platform under the best conditions. From the competition law perspective these clauses are controversial. In the past, courts have classified such clauses as restrictive vertical agreements which abused domi nant position on the relevant market. Based on such decisions, the following article highlights the competitive economic impact as well as the competitive admissibility of these clauses.

Cartels are generally acknowledged as one of the most serious forms of anti-competitive behaviour... more Cartels are generally acknowledged as one of the most serious forms of anti-competitive behaviour between competitors. Due to the fact that competition authorities have faced difficulties in enforcing their competition policy with respect to cartels, the leniency program represents a legal, effective and often the only tool available for antitrust enforcers to detect the most serious types of agreements restricting competition. EU and US leniency programs share some common features, but there are also some differences which will be highlighted in the following paper, which will also provide an in-depth legal & economic analysis of cartel law enforcement on both sides of the Atlantic.

Danube

Digitization has changed economic activity in many ways. While digitization has contributed to a ... more Digitization has changed economic activity in many ways. While digitization has contributed to a very dynamic development of markets and competition, concerns are also being expressed about powerful positions of some companies. The digital transformation poses new challenges for companies, consumers, politics and society. Competition policy is also required to address these developments and to adapt existing competition law, if necessary. The following analysis of digital markets showed that it is not possible, in general, to make concrete competition policy statements or even to give detailed recommendations for the antitrust analysis. The aspects are to be considered separately and in detail when examining search engines, social networks, trading platforms and other business models. On the other hand, data (and data analysis) should stand in the centre of competition law analysis due to their importance for the economic success of digital market companies.

DANUBE

Various internet platforms have rapidly developed into central points of everyday life, for priva... more Various internet platforms have rapidly developed into central points of everyday life, for private individuals as well as for companies (often dominated by a single or a few companies). At the same time these internet platforms are advancing into more and more areas of business. This creates the risk of dependency, abuse of power, manipulation, concentration of power, centralization of data and information with corresponding effects on technological development, innovation, economy, society and politics. From an economic point of view, this article examines how the strong market positions of internet platforms arise and can be maintained. The dynamics of these technology and innovation-driven markets and the differences from conventional markets are also discussed. These internet markets have emerged from a series of innovations and are characterized by rapid technological development. Taking into account the economic peculiarities as well as knowledge from innovation and governanc...