Harald Christian Scheu | Právnická fakulta Univerzity Karlovy, Praha

Market and anti-discrimination law. Unsanctioned discrimination as part of market reality

Jurisprudence 3/2015 Section: Articles Page: 15-22

Keywords: antidiscrimination law, unsanctioned discrimination, market

Abstract: The aim of this paper is to present some of the gaps in European anti-discrimination law, which unpleasantly affect the position of market participants and show conceptual shortcomings in current legislation. Selected cases show how discrimination which remains unsanctioned spills over from one market segment to another segment where it is sanctioned. The problem of the criticized regulation lies in the fact that it brings a disproportionate burden to those entities on the market that are not the perpetrators of social evil. The last case demonstrates that in the light of market reality we also encounter the problem of redistribution of costs of a proper anti-discrimination policy.