Subjects of Legal Regulation – Different Approaches of Competition, Public Procurement and Corporate Law

Abstract

To have a proper regulation is arguably an ultimate aim of every regulator. In order to achieve this goal, the regulator needs to define to whom the regulation shall be addressed. With the conception of legal persons, this definition is a tricky task to do. Due to the fact that legal persons have separate legal personality, the legal state of affairs and the business state of affairs do not need to correspond. This may cause issues from regulatory point of view. This paper discusses the subjects of three different types of regulation. Competition law of the European Union is, in general, focused on undertakings. The notion of undertakings is based mostly on economic approach and it can overcome purpose-built creation of de iure separate legal persons. Such approach may be very efficient and it is unfortunate that this understanding is not completely reflected within competition law of the Slovak Republic. Economic operators under public procurement law are understood differently from undertakings. We present the subjects of public procurement law of the Slovak Republic in the light of law of the European Union. Lastly, both concepts differ from legal persons and their employment in concerns under corporate law. The legal norms of the Slovak Republic are analysed in this regard. Thus, the paper asks to what extent are these concepts similar, whether their dissimilarities are rationalized and what possible negative consequences they may have in practice.