National Repository of Grey Literature 32 records found  1 - 10nextend  jump to record: Search took 0.01 seconds. 
Use of Theories of Harm in The Application of Article 102 TFEU
Jakab, Miroslav ; Šmejkal, Václav (advisor) ; Kunertová, Tereza (referee)
Use of Theories of Harm in the Application of Art. 102 TFEU Abstract This master's thesis presents a study of the impact of European Union competition law on the area of abuse of dominance. It maps the usage of the effects-based approach and consumer welfare standard in abuse of dominance cases pursuant to Article 102 of the Treaty on the Functioning of the European Union. This is done by an analysis of the theories of harm advanced in the case law of the European Commission in prohibition decisions from the last twenty years. The thesis begins by a theoretical discussion and outline of the boundaries to the Commission's discretion in this area, as set by Union courts. Then, a short description of the process of competition law modernisation in Europe continues. In the subsequent analytical part, the cases are tested against two criteria. The first criterion is whether the Commission has analysed the actual or likely effects of a dominant undertaking's conduct. The second criterion is whether the Commission tested the pertinent conduct against a consumer welfare standard. In the final chapter, the results of the analysis are discussed. The conclusion of this thesis is that the Commission's case law did shift to a more effects- based approach over time and that the Commission does attempt to take the...
Data protection in the EU - Biometric data
Jansa, Tomáš ; Kunertová, Tereza (advisor) ; Exner, Jan (referee)
Data protection in the EU - Biometric data The main aim of this thesis is to deal with the data protection in connection with the biometric data. In the first chapter, the author of this work deals with the historical context. The right to privacy even nowadays represents the solid ground of the data protection. Therefore, its de- limitation and subsequent connection with the data privacy is of an upmost importance for a proper understanding of this problematics. The author also deals with the data protection not only in the european context, but also with the disunited legislation in the US, where a legisla- tion in the context of general data protection regulation is absent. The second chapter mainly dealt with stating the general legal principles and their rel- evance to the legal order as well as with the special principles laid down in the regulation, which are mandatory to be upheld. The third chapter dealt with the term of personal data. Moreover, it was also important to define the other terms, which goes hand in hand with the personal data term. Therefore, anonymous data as a personal data, which went through the anonymisation process, as well as the special category of personal data, which represents the fundament of the problematics of the biometric data and lastly also the term of data...
European regulation of virtual currencies, its shortcomings and future development.
Fišer, Jan ; Vondráčková, Aneta (advisor) ; Kunertová, Tereza (referee)
European regulation of virtual currencies, its shortcomings and future development Abstract This thesis is focused on the European regulation of virtual currencies, meaning the current Union legal regulation of this phenomenon including further European Union institutions' activities in the area. The aim of the thesis is to introduce the existing approach towards virtual currencies as well as to find some of the shortcomings and to outline the future development of European regulation of virtual currencies. As a part of this thesis, relevant activities associated with distributed ledger technology as a technology related to virtual currencies will be introduced. To achieve the mentioned, the thesis analyzes mainly legislative and non-legislative sources issued by competent institutions of the European Union, equally important are the jurisprudential texts from the area of virtual currencies and related fields. The thesis is divided into five chapters which are further divided into topical subchapters. Each of the chapters includes partial identification of shortcomings and presents the future development in the area. The introductory chapter addresses the introduction of virtual currencies as such and in the context of financial law. Further, technological bases of virtual currencies are described, namely...
The European Union and the World Trade Organization - Principles, Results and Comparison of Trade Liberalization Regimes
Süttö, Michal ; Kunertová, Tereza (referee)
The European Union and the World Trade Organization - Principles, Results and Comparison of Trade Liberalization Regimes Abstract The subject of this thesis is an analysis and subsequent comparison of the origin, principles, development, results and basic legal instruments of trade liberalization within the European Union and the World Trade Organization. While coexisting in the field of international economic co-operation for more than 60 years, these bodies have emerged from the same aspirations to deepen mutual economic co-operation through trade liberalization and suppression of the protectionist practices. Our primary objective is to examine and point out the aspects that both organizations share, as well as the degree and form of their differences. However, the presented work focuses on the similarities and differences between the EU and the WTO from a specific point of view. It is based on traditional expectation of most authors, believing that the EU is pursuing more ambitious goals than the WTO. Under this assumption, trade liberalization obligations between EU Member States would necessarily have to be stricter and more progressive than the WTO's respective commitments. The subsequent objective of the thesis is to examine the validity of this expectation. Regarding the analysis of the rules, the...
PSD2: The Implications for Banking and the Fintech Industry
Dolenský, Ondřej ; Kunertová, Tereza (advisor) ; Svobodová, Magdaléna (referee)
(EN) The main aim of this diploma thesis is to critically assess the implications of the revised Directive on Payment Services (PSD2) for Banking and the Fintech Industry. In order to do so, the thesis firstly focuses on the current banking system together with the recent problems associated with the Global financial crisis of 2007-2008, which have given rise to substantial changes of the regulation of banking system at the EU level. Subsequently, the thesis compares the banking system with the rising financial technology (Fintech) industry and provides an overview of this industry together with regulation thereof. The provided overview of Banking and the Fintech Industry is followed by the analysis of the original Directive on Payment Services (PSD) and the PSD2, which also includes relevant case-law of the CJEU. Finally, the last part of the thesis assesses the possible implications of the PSD2, while it takes into account other relevant factors that may affect the potential development of the Fintech Industry. From the respective analysis it becomes apparent that the regulation of the banking system at the EU level has been strengthened in response to the Global financial crisis given that the insufficient regulation of banking was one of the main causes of the Global financial crisis....
Blockchain at the European Level
Drašković, Teodora ; Kunertová, Tereza (advisor) ; Vondráčková, Aneta (referee)
Blockchain at the European Level Abstract The objective of this master thesis is to provide a basic overview of the blockchain technology, its features and its potential utilization, including an overview of European legal regulations that might be applicable to the technology, under certain conditions. In the first chapter, the master's thesis sets forth the legal framework of the EU primary law that establishes or can establish the EU's competence to act in the matters of blockchain technology, depending on its legal qualification (especially in the context of the internal market - namely the free movement of services and capital). The second and third chapters provide essential description of features of blockchain and cryptocurrency and related services. A more detailed description is provided in Annexes I-IV of this thesis. Further, the legal status and applicable regulation of cryptocurrencies are assessed at the European and national levels and in terms of other global jurisdictions. The assessment also includes the recent CJEU's judgment in the case Hedqvist, according to which bidirectional exchange services (purchase of cryptocurrency for fiat currency and vice versa) are to be exempted from VAT obligation under the VAT directive. In line with the CJEU's reasoning and the Advocate General's...
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...
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...
Comparative analysis of client's protection in banking and insurance services within the EU
Vacková, Markéta ; Tomášek, Michal (advisor) ; Kunertová, Tereza (referee)
The objective of this thesis is to compare measures of consumer protection and its level in insurance and banking services in the EU. The premise is that the measures are very similar because both areas are subject to financial services law and as such they are similarly regulated. The first part of this work analyses and examines Insurance Distribution Directive and its contribution to consumer protection. The thesis compares Insurance Distribution Directive with Insurance Mediation Directive which is the legislation in force as of the time of writing this thesis. The second part of the thesis analyses, examines and compares Consumer Credit Directive and Mortgage Credit Directive and their contribution to consumer protection. The third part of the thesis compares the two previous parts and describes the reasons for different approaches taken in the researched legislation. The result of the analysis is that the measures taken for consumer protection are indeed very similar with differences originating from the nature of the services. The most elaborated directive which ensures the highest level of consumer protection is Mortgage Credit Directive and it is due to the significance of mortgage credit for lives of consumers and for the economy. Insurance Distribution Directive offers higher level of...
Market access approach in relation to the internal market
Machovičová, Tereza ; Kunertová, Tereza (advisor) ; Svobodová, Magdaléna (referee)
The market access approach refers to a way of interpretation of the notion of restriction to free movement advanced by the Court of Justice of the European Union. The rationale behind the concept, as it emerged from the landmark judgment in Commission v. Italy (Trailers), is that any measure that hinders access to the market is prima facie considered as a restriction to free movement and is therefore held incompatible with EU law unless the Court finds it justified and proportionate. Applying the market access approach the Court seems to have departed from its previous case law as it does not require a measure to be discriminatory in any way. Instead, a measure is already found to constitute a restriction if it is liable to discourage economic operators from accessing the market of a Member State or making such access less attractive or more difficult. On one hand, this interpretation allows the Court to strengthen integration and contribute to establishing the internal market free from any obstacles. On the other hand, it considerably extends the scope of the notion of restriction to free movement and therefore the scope of EU law in general. Particularly, the market access approach allows the Court to strike down an immense amount of national measures and thus intrude into national regulatory...

National Repository of Grey Literature : 32 records found   1 - 10nextend  jump to record:
Interested in being notified about new results for this query?
Subscribe to the RSS feed.