Chytře protiprávní "chytré" smlouvy (mezi efektivností smluvní agendy a zakódovanou protiprávností zejména v ochraně hospodářské soutěže)
| Title in English | Smartly Illicit "Smart" Contracts (Between the Effectiveness of the contractual Agenda and the Coded Illegality, Especially in the Protection of Competition). |
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| Authors | |
| Year of publication | 2020 |
| Type | Article in Periodical |
| Magazine / Source | Právník |
| MU Faculty or unit | |
| Citation | |
| Web | Open access časopisu |
| Keywords | blockchain; smart contracts; collusion; pricing algorithms; competition |
| Description | Smart contracts based on software technology of blockchains are currently gaining ground as means of enhancing efficiency of closing and enforcing contracts and as a tool of speeding up and securing the contract agendas. On the other hand, these contracts may tempt users illegl abuse. They may pseudonymize (and anonymize, as a result) legal relations and enable illegal financial and other activities – admittedly being transparent and secure within the groups of participants, but actually hidden and hardly to be disclosed from outside. The use of smart contracts to disguised collusion is one of the most dangerous recent challenges. It can substantially endanger both competition environment and consumer welfare. Very cautious approach to law making and competition) policy is advisable, so that the positive strengths of this new technology are not thwarted. |
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