The beginnings of competition law in Roman law institutions

Research output: Contribution to conferenceAbstractpeer-review

Abstract

To explore, consider and analyze information that can be found in the original sources of Roman law in relation to the monopolies, unlawful agreements of merchants, the artificers or contractors, and the illegal and prohibited practices of bath proprietors. In the course of the research, the primary sources of Roman law - the Code of Justinian (Codex Iustinianus, C 4.59.tit.) were explored, considered and analyzed, by using inductive, deductive and comparative method. The Code of Justinian (Codex Iustinianus, 529/534 AD), inter alia, contains particular legal norms which prohibits the monopolization of the sale of certain goods and provision of certain services - the performance of works. (C 4.59.2.pr.) Just as nowadays (see Sect. 11 (1) 2), 3), 7) of Competition Law of Latvia), in the sources of Roman law can be found something similar to prohibition of agreements regarding the allocation of markets and actions, due to which the entry of a potential market participant into a relevant market is made difficult. (C 4.59.2.1) Various kinds of roman corporations (species diversorum corporum) were forbidden to conclude agreements regarding fixing of prices and tariffs. (C 4.59.2.pr.) There was obLīgation to report authorities about the existence of such prohibited agreements. (C 4.59.2.1) The punishment for practitioners of monopoly trade was quite severe - the confiscation of all property and permanent exile. (C 4.59.2.2) The sources of Roman law contains particular legal norms which actually aimed at protecting the economic interests of consumers by ensuring competition between suppliers of goods and services. Ones of the oldest known such a kind of legal norms that can be regarded as rather efficient, detailed and complex (at that time) legal tool for ensuring longevity and sustainability of the ancient Roman state.
Original languageEnglish
Pages33
Publication statusPublished - 24 Mar 2021
EventRSU Research week 2021: PLACES - Rīga, Latvia
Duration: 25 Mar 202125 Mar 2021
https://rw2021.rsu.lv/conferences/places

Conference

ConferenceRSU Research week 2021: PLACES
CountryLatvia
CityRīga
Period25/03/2125/03/21
Internet address

Field of Science

  • 5.5 Law

Publication Type

  • 3.4. Other publications in conference proceedings (including local)

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