National Repository of Grey Literature 61 records found  1 - 10nextend  jump to record: Search took 0.00 seconds. 
The Quantification of Damages caused by breach of the European Union Competition Law and Private Enforcement of its Compensation
Fabian, Petr ; Král, Richard (advisor) ; Boháček, Martin (referee) ; Šmejkal, Václav (referee)
The Quantification of Damages caused by breach of the European Union Competition Law and Private Enforcement of its Compensation Abstract Effective competition is key issue for achieving the economic prosperity of the internal market, improving the quality of production and maximizing employment. On the contrary restriction of the competition can lead to inefficient allocation of resources, loss of economic welfare and damages to both competitors and consumers. Achieving and maintaining of the effective competition is therefore one of the main objectives of the European Union. This can be achieved through means of public and private enforcement. While pubic enforcement has, in particular, punitive and deterring function, private enforcement has, in particular, compensatory function. Despite these differences both categories complement each other. That is why this thesis deals with the relationship between private and public enforcement. On 26 November 2014, the European Union adopted Directive 2014/104/EU, which partially harmonises private enforcement in relation to the right to compensation for damages caused by a breach of competition law. The aim of this work is to analyze the positives and negatives of this harmonization. The dissertation also deals with the comparison of two reference transpositional...
Loyalty Rebates as an Exclusionary Practice in the European Competition Law.
Šebo, Igor ; Vondráčková, Aneta (advisor) ; Šmejkal, Václav (referee)
1 LOYALTY REBATES AS AN EXCLUSIONARY PRACTISE IN THE EUROPEAN COMPETITION LAW ABSTRACT This master thesis treats loyalty rebates in the light of European competition law when applied by dominant undertakings and analyses its consequences. It describes when such practise might be considered by European Union authorities as an abuse of a dominant position as it has negative impact on the competitors by inducing customer's loyalty to the dominant undertaking. It depicts its position in the European competition law system and compares it to other practises that influence the market in a similar way. Also, it classifies different types of loyalty and other types of rebates and explains how such rebates can force a customer to acquire increasing portions of his demand from the dominant undertaking and how they can damage its competitors. The thesis also offers a critical view on a very strict treatment of this practise by European institutions in the past and it arguments by several positive effects that loyalty and other types of rebates may have. Simultaneously it takes into consideration the newest decision of the Court of Justice of the European Union in the Intel case from September 2017 which will hopefully affect EU institutions' approach to this practise as it broke well-established per se interdiction of...
Vertical restraints on competition in the sector of e-commerce
Krumlová, Dita ; Šmejkal, Václav (advisor) ; Svobodová, Magdaléna (referee)
This thesis deals with the selected vertical restraints on competition that occur in the sector of e-commerce, namely resale price maintenance, dual pricing and most-favoured-nation clauses. The thesis raises the research question what stance the European Commission, the Court of Justice of the European Union, and particularly national competition authorities and courts of the Federal Republic of Germany, the French Republic, the United Kingdom of Great Britain and Northern Ireland, the Italian Republic, the Kingdom of the Netherlands and the Kingdom of Sweden take to the above-mentioned practices. The decisions of the authorities are considered in terms of their degree of strictness towards the vertical restraints in question. From a systematic point of view, the thesis is divided into eight chapters. Its subject, basic questions, aims and methods used are outlined in the introductory chapter. The second chapter, which deals with the concept of e-commerce, mainly provides the definition of the scope of the sector under consideration from a material point of view. The third chapter analyses the results of the European Commission's inquiry into the e-commerce sector, especially its conclusions on the functioning of the sector, its features and trends in this sector, particularly with regard to their...
Competition law aspects of technical standardization, use and protection of intellectual property rights
Pelcman, Lukáš ; Šmejkal, Václav (advisor) ; Vondráčková, Aneta (referee)
Competition law aspects of technical standardization, use and protection of intellectual property rights Abstract The thesis deals with mutual relationship between intellectual property law and competition law in the context of technical standardization - i.e. process which gives rise to a significant number of potential conflicts between the two legal areas. It is analysed, in the context of technical standardization, in what way are subjective rights of intellectual property right owners limited by competition law regulation. It falls within the ambit of this thesis to evaluate whether respective legal framework fulfils necessary requirements on legal certainty and whether it is applied in the same manner to each undertaking, or if there are any discrepancies as to the application of the legal framework dependent on the kind of the undertaking. This thesis particularly concerns with competition law aspects of standardization in information and communication technology sector and selected issues related to use or protection of intellectual property rights in connection to article 101 and 102 TFEU. First chapter explains what the term technical standard entails, introduces de facto and de jure standards, describes the process of their creation and analyses potential effects of this process on the...
Investment Policy of the European Union - protection of foreign direct investment
Štamberk, David ; Šmejkal, Václav (referee)
Investment Policy of the European Union - protection of foreign direct investment Abstract One of the changes brought about by the Lisbon Treaty is the explicit inclusion of foreign direct investment and its protection in the common commercial policy of the European Union. This is one of the areas of exclusive competence of the EU. The European Union has subsequently stated negotiating bilateral agreements governing, inter alia, investment issues. However, it has not been spared from controversy and negative publicity that has been accompanying especially the TTIP and the CETA. This work aims to analyse the investment policy of the EU and mutual interaction of its institutions with the Member States and third parties. After general introduction to the topic of international investment law and EU law (chapters II. and III.), it is devoted to the issue of protection of foreign investment in the internal market. Its regime is then compared with the BIT regime (chapter IV.). Attention is then focussed towards the EU's external relations in the field of investment protection. Its competence is subjected to further analysis (chapter V.) and current results of efforts of the Commission and the EU as such are also discussed (chapter VI.). It is so in the light of possible impacts of foreign investment in terms of...
General Data Protection Regulation: Challenges for the Cloud
Studihradová, Barbora ; Svobodová, Magdaléna (advisor) ; Šmejkal, Václav (referee)
1 CHARLES UNIVERSITY IN PRAGUE Faculty of Law Barbora Studihradová General Data Protection Regulation: Challenges for the Cloud Master's thesis Master's thesis supervisor: JUDr. Magdaléna Svobodová, Ph.D. Department of European Law Date of completion (manuscript closure): 13 April 2018 2 General Data Protection Regulation: Challenges for the Cloud Abstract This thesis recognizes and analyses some of the fundamental challenges that the General Data Protection Regulation poses for cloud computing. Its aim is to answer the question whether the GDPR can be regarded as cloud friendly. The hypothesis that is proposed and tested is that it cannot be, since it includes concepts and wording that are impractical in cloud computing. This is assessed based on how different cloud computing services function. The thesis therefore lays down foundations of both legal and technical understanding of the data protection in the cloud in the first chapters. The analysis of the challenges then builds on this knowledge. The challenges of the GDPR for the cloud are divided into five groups. Firstly, what is regulated as personal data in the cloud is consider with regard to the concepts of anonymisation, pseudonymisation and encryption. Secondly, controller - processor relationship and their obligations in the complex cloud...
EU Competition Law and Practices Hindering Market Entry of Drugs
Křešová, Karolína ; Šmejkal, Václav (advisor) ; Svobodová, Magdaléna (referee)
EU Competition Law and Practices Hindering Market Entry of Drugs This thesis deals with the legality of pharmaceutical companies' practices that hinder market entry of drugs, whether within the intra-brand or inter-brand competition, from the EU competition law perspective. The aim of this thesis is to introduce the reader to the issue of different practices aimed at limiting parallel trade and also at delaying or complete prevention of the market entry of a new competing drug, and also to assess whether the competition authorities have established clear guidance on the performance of these practices, i.e. whether they are clearly set boundaries between acceptable restriction of competition which can be justified and distortion which cannot be allowed. For the purpose of this assessment, the relevant decisions of the European Commission and the CJEU are analyzed, identifying the key factors on which the competition authorities place emphasis when assessing the compliance of such practices with the EU competition law, and general conclusions are drawn from these key factors to determine whether there is a sufficient degree of legal certainty for pharmaceutical companies engaging in these practices. The thesis is divided into six chapters, of which chapters three, four and five form the main part....
Disclosure of evidence in relation to an action based on competition law infringements.
Růžek, Mikoláš ; Šmejkal, Václav (advisor) ; Kunertová, Tereza (referee)
Disclosure of evidence in relation to an action based on competition law infringements Abstract This thesis is about private competition law enforcement and its procedural aspects. The topic is analyzed in the context of transposition of the Directive on actions for damages for competition law infringements into Czech law. Specifically, the thesis analyzes disclosure of evidence in the context of information asymmetry between parties to a civil litigation. Information asymmetry is being understood in the thesis as a situation in which the information relevant for case of one party to a dispute is controlled by the other party, while latter does not have any incentive to introduce this information to the proceedings. Solution to this issue is analyzed by comparison with the solution utilized in the US system, which is unique in its reliance on private enforcement. The thesis firstly introduces possible solutions to information asymmetry in the civil procedure and notes advantages and disadvantages of each solution. It also discusses the way these different solutions affect cost effectiveness of the proceedings. The thesis then continues to discuss American discovery in more detail; it describes its evolution and its criticism. After this introduction of the American system, the thesis moves on to discuss the...
Big data and EU merger control
Bosáková, Viktória ; Šmejkal, Václav (advisor) ; Svobodová, Magdaléna (referee)
BIG DATA AND EU MERGER CONTROL ABSTRACT The significance of "big data" as a factor in the competitive assessment of mergers in EU has attracted more and more attention in the past years. Today's digital economy revolves around the Internet and information technologies that together enabled collecting and processing previously unimaginable sets of data, high in volume, velocity, variety and value. Data started to present a valuable and important asset to various businesses, mainly active on online platforms. Consequently, companies may engage in strategic mergers in order to acquire profitable data from one another. The aim of this master thesis is to research and analyse whether big data could result in the increased market power of the newly merged company or could have detrimental effects on other competitors present on the market or the competition itself. The main research question therefore is whether big data in its essence could constitute a competitive concern when it comes to data-related mergers. This thesis initially clarifies the concept and characteristics of "big data" in general, whilst demonstrating the increasing significance of data used as assets for businesses in the present digital economy. The research then focuses on what role specific features of data could play in various stages of...
Protection of competition in selected liberalized network industries: the case of rail and air transport in the EU
Mohylová, Aneta ; Šmejkal, Václav (advisor) ; Kunertová, Tereza (referee)
(EN) This thesis deals with the EU competition law enforcement in the transport sector towards private undertakings. Specifically, air and rail transport are focused at as they represent convenient examples on which it can be demonstrated how the EU manages to cope with the liberalization process and apply the competition rules to these sectors. The main research question of the thesis is what specific features can be observed in the decision making of the Commission and Court of Justice of the EU regarding the competition rules in the transport sector, specifically air and rail industry. This thesis is structured as follows. In total, it includes six chapters, introduction, four main chapters and the conclusion. The first main chapter is devoted to the EU transport policy as the goals of the transport policy, the liberalization process and its main characteristics are described. Specifically, the main milestones in the creation of single European transport policy in the transport sector are presented and the main obstacles in the liberalization process in the airline and rail sector are discussed. Moreover, the chapter also deals with the relationship of ex ante regulation and ex post competition rules. The second chapter focuses on the analysis of the competition rules enforcement in the air...

National Repository of Grey Literature : 61 records found   1 - 10nextend  jump to record:
See also: similar author names
1 Smejkal, Vladimír
2 Smejkal, Vojtěch
3 Smejkal, Václav
2 Smejkal, Vít
1 Šmejkal, Viktor
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