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The status of indirect customers in lawsuits for compensation of loss caused by a breach of competition law
Moravová, Veronika ; Šmejkal, Václav (advisor) ; Scheu, Harald Christian (referee)
Resumé The thesis elaborates on the indirect purchaser's standing in disputes for damages caused by a breach of competition law. Its main purpose is to describe and, consecutively, compare the American and European approach to private enforcement of competition law or, more specifically, selected aspects of regulation relating to indirect purchasers. It should be noted that while the roots of the American model of private enforcement date back to the 19th and 20th century, Europe started to pay increased attention to this topic in the 21st century. This fact obviously raises the question of whether and to what extent was the EU inspired by the American model in forming a European approach to private competition law enforcement. For years, this issue has not been regulated on the European level at all. Nevertheless, this changed with the adoption of a landmark Directive 2014/104/EU which shed new light on European conception of private enforcement of competition law. The thesis is divided into three chapters. The first chapter introduces the subject and aims to put the topic at hand into broader context. The private pillar of competition law enforcement, its advantages and disadvantages as well as its relation to the public pillar are described on a few pages. Subsequently, the history and current state of...
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Free Movement of Medical Devices
Moravová, Veronika ; Šmejkal, Václav (advisor) ; Svoboda, Pavel (referee)
1 Abstract This thesis deals with the conflict between the interest in the free movement of medical devices and the interest in the protection of health and safety. It is divided into two main parts, with the first part focusing on the pre-market phase, i.e. the phase before a medical device is placed on the market. The first part consists of two chapters describing the historical development of the regulation of medical devices and its separation from the regulation of medicinal products, as well as the way in which medical devices enter the market and what they must fulfil in order to be freely traded across the Member States. In particular, this part addresses the question of whether this separation (i.e. the move away from the 'old approach' to the 'new approach') was a step in the right direction or a 'historical mistake'. The system of CE certification of medical devices based on the participation of external auditors - Notified Bodies - is thoroughly discussed. The second part of the paper is devoted to the post-market phase (after the medical device has been placed on the market). The focus is on two 'knot problems', i.e. areas where the interest in free movement and the interest in protecting health and safety collide in practice, namely border products and parallel trade (specifically issues...
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The status of indirect customers in lawsuits for compensation of loss caused by a breach of competition law
Moravová, Veronika ; Šmejkal, Václav (advisor) ; Scheu, Harald Christian (referee)
Resumé The thesis elaborates on the indirect purchaser's standing in disputes for damages caused by a breach of competition law. Its main purpose is to describe and, consecutively, compare the American and European approach to private enforcement of competition law or, more specifically, selected aspects of regulation relating to indirect purchasers. It should be noted that while the roots of the American model of private enforcement date back to the 19th and 20th century, Europe started to pay increased attention to this topic in the 21st century. This fact obviously raises the question of whether and to what extent was the EU inspired by the American model in forming a European approach to private competition law enforcement. For years, this issue has not been regulated on the European level at all. Nevertheless, this changed with the adoption of a landmark Directive 2014/104/EU which shed new light on European conception of private enforcement of competition law. The thesis is divided into three chapters. The first chapter introduces the subject and aims to put the topic at hand into broader context. The private pillar of competition law enforcement, its advantages and disadvantages as well as its relation to the public pillar are described on a few pages. Subsequently, the history and current state of...
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Hate speech in the Czech legal theory and media practice
Moravová, Veronika ; Křeček, Jan (advisor) ; Štechová, Markéta (referee)
This bachelor thesis deals with the topic of "hate speech" in relation to the freedom of expression. In the first part, I went into the legislation on freedom of expression and hate speech in our legal system. I devoted a considerable part to international treaties concerning this issue that, according to the Constitution, are a part of our laws and base of the national legislation to a great extent. There are two different approaches to the freedom of expression - the American and European one. The first one is close to the absolute concept of freedom of speech that also covers the hate speech. The second one excludes the hate speech from its protection. The most typical representatives of these two approaches are the U.S. and Germany so I have also paid attention to the legislation of the two countries. As this topic is extremely wide, I chose for the practical part a few cases that are somehow boundary. With the aid of these extremes, I tried to define the limits of freedom of speech. In the next two subsections, I tried to reflect two controversial lawsuits medially, i.e. the Mein Kampf edition and the visit of David Duke in pages of the Lidové noviny, Právo and MF Dnes. The next subsection is devoted to the Internet, beyond the territory of states, so, logically, there is a collision between...
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