Legal Regulation of the Creatíon and Protection of Competitive Environment

The author considers the conditions and prerequisites of an effective legal regu­lation of competition environment, proceeding from tbe general consideration of the concept of economic competition and evaluating briefly the concepts of perfect and functional competition. He maintains that the concept of economic competition as such can not be defined and is not necessary to define, yet it is essential to define clearly (allowing the possibility of further intepretational broadening or narrowing) the several case or violatoin of the principles of the creation and protection of competition environment. Attention is paid to the pro-competition state measures concerning small enterpreneurs and consumer protection. It is implied that even the so called theory of competition freedom failed to respond successfully to the needs of the economically advanced countries.

The author also gives a brief outline of the historical development of the anti­monopoly legislation and the characteristics of the most typical forms of behavior, restricting and threatening the essence of competition environment.

At the end of the essay the characteristics of the currently valid Czech antimonopoly regulation is given together with the most important charges brought about by the last amendment of November 1993.