PREDMET OCHRANY PODĽA ČLÁNKU 55 ODS. 2 ÚSTAVY SLOVENSKEJ REPUBLIKY

The Article 55(2) of the Constitution protects competition between undertakings in the relevant market. The systemic incoherence of the state‘s favouring of all undertakings operating in a sector of the national economy which also constitutes the relevant market has led to the extension of the scope of protection under Article 55(2) of the Constitution to systemically permissible instruments of state favouring of the entire sector of the national economy. Where a systemically inconsistent state advantage is directed at all undertakings operating in a sector of the national economy which is not also a relevant market, legal regimes based on Article 107 TFEU and Article 55(2) of the Constitution include rules capable of identifying and sanctioning such advantages.