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Europeization is a modern concept that concerns many fields of law. It did not avoid the unfair competition law, either. This phenomenon can be observed very clearly in the public section of the competition law, which is the law against restriction of competition. It is present – though less distinctly in the private section of competition law, which is unfair competition law. The reason why the phenomenon of Europeization is less distinct in unfair competition law is simple. The antimonopoly law is influenced by the European law directly and nearly in the whole scope of its application. The unfair competition law is influenced by the European law both directly and indirectly, but only in some areas of its application such as misleading and comparative advertising and unfair business practices used by enterprises in relation to consumers on the internal market. In his contribution he deals thoroughly with the harmonisation of Slovak unfair competition law as a result of transposition of the European directives. Transposition of these European directives into our law must respect the terminological system specifics of our law and catch the meaning and spirit of the directive as much as possible. A very important source of positive European law is the decision-making practice of the Commission and the case-law of the General Court of the European Union and the Court of Justice of the European Union that significantly participate in the creation of the content of European legal norms.
The authors deal with the issue of comparative advertising in Slovak law, putting stress on the specific implications of the inclusion of regulation of this institute in the legal norm of public law that implemented the European directive. The authors also deal with the definition of comparative advertising and analyse the individual requirements for admissibility of comparative advertising. For the integration of the institute of comparative advertising in Slovak law, the law-maker has opted for its incorporation in the public advertising law, which naturally raises the question of the relationship between the regulation of comparative advertising and rules on fair commercial practices or between other regulations applicable to advertising. Moreover, the fact that the incorporation of the regulation of comparative advertising in the advertising law resulted in the fulfilment of the commitment to transposition of the European directive in Slovak law, will have certain implications for the method of interpretation and application of the Slovak regulation of comparative advertising. We can already state that the case-law of the European Court of Justice had an important influence on the interpretation of the definition of comparative advertising and of the individual positive and negative conditions of admissibility of comparative advertising.
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