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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...
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Legal aspects of the trade in conflict diamonds
Špás, Martin ; Boháček, Martin (advisor) ; Švarc, Zbyněk (referee)
The objective of this diploma thesis is to explain trade in conflict diamonds and to assess international fight against this illegal trade. The primary objective is to evaluate the effectiveness of the current legislation (international and national level), for example by comparative analysis of the different legislation in selected countries. The aim of this thesis is also to identify the significant historical changes to the regulatory framework and to assess the Kimberley Process and the mechanisms in diamond trade. The aim is also to identify the role of nongovernmental organizations in the Kimberley Process (development of the Kimberley Process Certification Scheme) or in the resolution of conflicts. This thesis consists of six chapters. The second chapter is dedicated to the general characteristics of diamonds and aspects of international diamond trade. The third chapter has an aim to describe conflict diamonds and conflicts financed by illegal diamond trade. The fourth and fifth chapter deals exclusively with fight against the trade in conflict diamonds. Conflict diamonds, or so called blood diamonds, are still a very serious global problem and each state should develop and implement the right legal measures in this area in order to substantially reduce this illegal trade.
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Cartels in the field of public procurement
Maturová, Veronika ; Boháček, Martin (advisor) ; Levý, Jan (referee)
The thesis deals with cartels in the field of public procurement. The aim of this thesis is to justify the need for prevention and legal regulation of cartels and to assess the effectiveness of the current legislation in the fight against bid rigging. The author will evaluate the impact of selected instruments for the prevention and detection of cartels in the field of public procurement and will assess which one is the most effective. At the end of the thesis recommendations will be proposed to prevent the emergence of cartels in the field of public procurement.
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Cartels and Leniency program
Kašparová, Kristýna ; Boháček, Martin (advisor) ; Hubková, Pavlína (referee)
The final thesis deals with cartels and Leniency program, which is considered an effective tool for the detection of prohibited horizontal agreements. The aim of the thesis is to evaluate the effectiveness of Leniency program in the Czech Republic. At the beginning of the work I focus on cartel in legal and economic terms, then on forms and types of horizontal agreements, the so called hard-core cartels, which can apply the Leniency program. The intention of this work is legal, functional and historical analysis of Leniency program from the beginning to the present, emphasizing the changes that lead to greater efficiency in the use of this investigative tool and related problem areas eg. the criminalization of cartels, private enforcement of competition law and settlement procedure. In the end of the thesis I evaluate the Leniency program's effectiveness based on statistical data and especially the presentation of the most important cases in which this institute was applied, demonstrating its irreplaceable role in the detection of horizontal agreements by the Office for the Protection of Competition.
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Leniency Program in the Anti-competitive Agreements in the EU Competition Law
Černochová, Veronika ; Boháček, Martin (advisor) ; Nováková, Tereza (referee)
The anti-competitive agreements are collusions concerning certain cooperation among undertakings. However, despite European Commission´s long-standing efforts, the prohibited ones are nowadays still present on markets in a large extent as well. This thesis characterizes both vertical and horizontal agreements, including their positive and negative effects. Since the negative impacts usually prevail in the horizontal (cartel) agreements, the related legislation under the terms of EU competition law is described including the conditions, under which these agreements can be approved (particularly the article 101 (3) of the Treaty on the Functioning of the European Union, block exemptions and de minimis notice). In order to get access to the otherwise unobtainable evidence about their existence, the leniency program exists since 1996. Its European adaptation is compared to the version adopted in the Czech Republic and in the USA. The legal and economic effectiveness of this tool is analysed. Settlement procedure and prioritization are characterized as well, since they allow both the undertakings and the competition authorities to reduce their costs connected with the proceeding.
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Marketing on social networks, focusing on the use of LinkedIn by Revyko Inter
Zoubek, David ; Halík, Jaroslav (advisor) ; Boháček, Martin (referee)
The Bachelor's thesis focuses on social networks and their specific application in Revyko Inter. Majority of this text focuses mainly on LinkedIn, specialized on labour market. First chapter describes social networks generally. Generally used ones, their history and mainly how to use them properly. Second chapter is an analysis of LinkedIn - structure and functions for companies. It shows in detail how to create a profile of company and marketing strategy of content for social networks. Third chapter talks about copyrights on social networks, describes legal principle of EU and national laws. Last part - practical - of this Bachelor's thesis has a main goal to create quality LinkedIn profile for Revyko Inter and make recommendations for marketing strategy including implementation plan.
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Liability of members of the board of directors and supervisory board from a comparative perspective
Dubanská, Barbora ; Černá, Stanislava (advisor) ; Boháček, Martin (referee) ; Josková, Lucie (referee)
"… being a director is a privilege be earned every day…" This quote was taken from a decision rendered by the Australian court in the case of ASIC v Rich, where a substantial pecuniary fine and other sanctions were imposed upon a board member, John David Rich, for breaches of his duties towards the company. The present-day directors of companies hold the positions of modern monarchs; their powers would remain unlimited if not for the current regulations in place. Members of the board of directors and supervisory boards are bound by many duties towards their company as well as other parties. They are not only liable for breaches of their own duties; however, under certain circumstances, they also guarantee for the obligations of the company. Nevertheless, the number of cases involving the enforcement of their duties is, in general, surprisingly very low. a) Objective The primary objective of this thesis is to examine the duties and liabilities of directors and members of the supervisory board on the basis of theoretical concepts and compare them with international law. Whereupon appropriate solutions in respect of Czech legislation will be proposed on the basis of such comparative analysis. b) Applied Methods Comparative analysis was the primary technique applied when constructing this thesis; more...
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