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Extraterritorial application of Community law to the supervision over mergers
Potůčková, Barbora ; Tichý, Luboš (advisor) ; Zemánek, Jiří (referee)
This diploma thesis analyses extraterritorial application of acquis communautaire on merger control. The aim of this work is to take down current state of development of law in this area, identify actual questions and problems and introduce methods that could possibly solve those problems. The introductory chapter defines the theme and goals of this work and deals with resources used. The second chapter explains the European legal regulation system of merger control. Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings holds a central role in this system. European Commission is a competition authority of European Communities and in order to protect competition on common market it proceeds also against companies that operate outside European territory. The third chapter explores the ways how European Commission derives a legal basis of such extraterritorial jurisdiction. The most appropriate means of jurisdictional derivation regarding merger control appears to be an effects doctrine. Next chapter identifies problems connected with extraterritorial application of European competition law, such as conflict of jurisdictions, limits of national competition laws, multijurisdictional merger thicket, substantial differences in laws and different market...
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