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The importance of the undertaking's dominant position under the Competition law of the EU and its delimitation
Šedová, Klára ; Scheu, Harald Christian (advisor) ; Šmejkal, Václav (referee)
The purpose of this master thesis is to define the term "dominant position" of an undertaking under the EU Competition Law and to find out, what circumstances are decisive in order to be able to identify existence of a dominant position. The second part of the thesis focuses on actual problems connected with the dominant undertakings, namely the standardization and the effectiveness of the interventions of competition authorities into the actions of dominant undertakings on rapidly developing IT markets. The thesis deals with the concept of dominant position and does not address particular types of abusive behaviour enumerated in Article 102 (a) - (d) TFEU. The first chapter briefly describes the system of EU Competition Law. The focus is directed on agreements distorting competition (Art. 101 TFEU), abuse of dominant position (Art. 102 TFEU) and control of concentrations between undertakings (Council Regulation No. 139/2004). The second chapter looks at the term "dominant position" of an undertaking and its delimitations. The subchapters describe definition of relevant market, market share, market power and other market conditions which shall be taken into account in the dominant position analysis. Space is further devoted to the existing dominant position on the neighbouring market and to the...
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Competitor's Dominant Position and Its Abuse in the Czech and European Law
Kuckirová, Natalia ; Horáček, Vít (advisor) ; Eichlerová, Kateřina (referee)
- Competitor's Dominant Position and Its Abuse in the Czech and European Law The aim of this thesis is to identify and analyze issues of market dominance and its abuse as one of the most important areas of the competition law. An indispensable part of every analysis of such abuse is also a definition and assessment of the relevant market which we will deal with in a separate section of this thesis. The issue of abuse of a dominant position is analyzed with the help of the competition rules and the judicial practice of the competent authorities, both at the community and national level. First chapters are designed as an introduction to the issue of dominance, offering readers a better understanding of often ambiguous approach to competition law, its restrictions and distortions. We will also be dealing with related terms such as the competitor, the company and their mutual interchangeability. Special attention will be paid to the introduction and further analysis of the relevant market, where the correct definition is the basis for the assessment of any competition case. The issue of relevant market is demonstrated on particular examples, especially on the current case of Student Agency, where the mode of defining the relevant market also decides the final outcome of the case with respect to the...
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Predatory Behaviour in Transportation Sector - "Czech Railways v. Leo Express" case
Slámová, Iva ; Vacek, Pavel (advisor) ; Schwarz, Jiří (referee)
It is important to control whether dominant companies in particular market sectors follow laws and rules and do not abuse their dominance at the expense of weaker companies. This behaviour is likely to damage current or avoid the entry of new competitors, shrink the competition and set the environment for price changes the consumer is exposed to. The thesis clarifies the theoretical aspect of this issue and tries to apply it on the real case from the railway transport sector in order to describe the procedure of defining relevant market and market share and investigating the abusive behaviour. A questionnaire survey among railway passeners is an integral part of the thesis. JEL Classification D21, D22, K21, L11, L12, L40 Keywords Predatory prices, relevant market, SSNIP test, railway transport, Czech Railways Author's e-mail Iva-Slamova@seznam.cz Supervisor's e-mail vacek@fsv.cuni.cz
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Abuse of a dominant position and the concept of relevant market
Bacíková, Martina ; Horáček, Vít (advisor) ; Eichlerová, Kateřina (referee)
Reference 1 1 Abstract - Abuse of a dominant position and the concept of relevant market The main aim of this thesis was firstly to describe the definition of abuse of dominant position constitute as one of the pillars of competition law (except for agreements distorting competition and illegal merger) and secondly to define the concept of the relevant market in accordance with the interpretation of rules on competition and the case law of the European Commission, the Court of First Instance, European Court Justice and the Office for Protection of the Competition. The introductory chapters I have tried to acquaint potential readers especially with the interpretation of key concepts, facilitating global orientation through the issue of competition and its distortion or restriction. Mainly to work with concepts such as competition, competition law, cartel law, undertaking, company, etc. Without explanation and interpretation of these key concepts could seldom be properly grasp the issue of abuse of dominant position. In the next section, I focus on issues describe the subject of my thesis and a dominant market position and its forms of abuse. A comprehensive interpretation of the issue greatly assists the Community case-law for this purpose I chose the most significant cases clarifying fundamental questions...
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Abuse of dominant position in Czech law and European law
Peták, Šimon ; Černá, Stanislava (advisor) ; Patěk, Daniel (referee) ; Kindl, Jiří (referee)
This paper analyzes regulation of abuse of dominant position under the law of the European Union and under the Czech law. Both the European and Czech competition laws are not only very similar, as the Czech Act on Protection of Competition is inspired by the European competition law, but after the so called modernization of the European competition law, including the decentralization of its enforcement, the Czech authorities are entitled (and obliged at the same time) to apply the European competition law. Given the special relation between the two legal orders, this paper does not attempt to compare the two, but rather to analyze them it their mutual relation, which is the basic view for the submitted analysis. Firstly, a basic introduction to the problems of competition economics is presented, including characteristics of the basic functions and principles thereof. An explanation of the economic background and different models of competition follows, particularly of those important for understanding the specifics of dominant undertakings' behaviour and motivation. Models of monopoly, oligopoly and monopolistic competition are briefly described in opposition to the model of perfect competition and also some other important approaches to this issue are addressed, including the basic views of the...
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Abuse of dominant position in Czech law and European law
Peták, Šimon
This paper analyzes regulation of abuse of dominant position under the law of the European Union and under the Czech law. Both the European and Czech competition laws are not only very similar, as the Czech Act on Protection of Competition is inspired by the European competition law, but after the so called modernization of the European competition law, including the decentralization of its enforcement, the Czech authorities are entitled (and obliged at the same time) to apply the European competition law. Given the special relation between the two legal orders, this paper does not attempt to compare the two, but rather to analyze them it their mutual relation, which is the basic view for the submitted analysis. Firstly, a basic introduction to the problems of competition economics is presented, including characteristics of the basic functions and principles thereof. An explanation of the economic background and different models of competition follows, particularly of those important for understanding the specifics of dominant undertakings' behaviour and motivation. Models of monopoly, oligopoly and monopolistic competition are briefly described in opposition to the model of perfect competition and also some other important approaches to this issue are addressed, including the basic views of the...
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Relevant market on multisided online platforms in the view of the European Commission and doctrine
Pavlík, Matěj ; Šmejkal, Václav (advisor) ; Říha, Michal (referee)
Relevant market on multisided online platforms in the view of the European Commission and doctrine Abstract The master thesis deals with the issue of defining the relevant market in relation to multilateral platforms. In its first part, it analyzes in detail the leading theories regarding a definition of a multisided platform is its typology. The conclusions of these analyzes then form the basis of the second part, which is the core of the work. There are described leading methods of defining the relevant market, problems with their application to multisided platforms and doctrinal proposals on how to modify these methods. This core part first deals with the dilemma of defining one market encompassing both sides of a platform or separate markets for each side of the platform and then it focuses on the issue of implementation of the SSNIP test. The individual decisions of the Commission are confronted with the comprehensive conclusions of the doctrine within the individual analyzes, and the compliance of the Commission's approach in the given decision with the doctrine is assessed here. Keywords: multisided platforms, relevant market, SSNIP test
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Relevant markets in the energy sector (in decision-making practice of the Office for the Protection of Competition)
Kujaníková, Tereza ; Eichlerová, Kateřina (advisor) ; Horáček, Tomáš (referee)
Relevant markets in the energy sector (in decision-making practice of the Office for the Protection of Competition) Abstract The purpose of my thesis is to analyze the issue of relevant markets delineation in energy sector. More precisely, to determine which relevant markets have been identified in this sector by the Czech Office for the Protection of Competition, eventually by the European Commission. The reason for my research derives from absence of any comprehensive study dealing with the subject matter, despite its essential importance both for competitors and competition itself. To identify relevant markets is a prerequisite for ruling competition cases by antimonopoly authorities (while assessing concentration of undertakings, abuse of a dominant position or anticompetitive agreements). The thesis is composed of three parts, each of them dealing with different aspects of relevant markets delineation. Part One is introductory and defines scope and basic terminology used in the thesis: competition, competitors and energy. Part Two examines more closely methodology of identifying relevant markets. This part consists of five chapters. Chapter One focuses on relevant market definition and its importance. Chapters Two to Four deal with different perspectives of its delineation, i.e. product, geographic and...
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Application of competition law on the markets with multisided platforms
Mikeš, Stanislav ; Černá, Stanislava (advisor) ; Horáček, Tomáš (referee)
1 Application of competition law on the markets with multisided platforms Abstract This rigorous thesis deals with a phenomenon of multisided platforms from the competition law perspective with a special focus on online multisided platforms. A notion of multisided platforms is explained in the thesis as well as its implications for the competition law. It is then examined how a market structure of a multisided platform influences a process of delimitation of a relevant market and assessment of a market power as two basic pillars of every competition law analysis. Theoretical findings are then confronted with a selected decision-making practice of EU and national competition authorities dealing with the phenomenon of multisided platforms. The thesis is structured into four main chapters. Chapter One contains a brief introduction into the subject-matter and sets out goals of this thesis which are to present the phenomenon of multisided platforms, explore its specifics and show how the methods of competition law analysis needs to be adapted in other to correctly assess all the specifics of the multisided platforms. Chapter Two presents various definitions of multisided platforms in academic literature. Potential categories of multisided platforms are presented in this chapter. The notion of multisided...
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Predatory Behaviour in Transportation Sector - "Czech Railways v. Leo Express" case
Slámová, Iva ; Vacek, Pavel (advisor) ; Schwarz, Jiří (referee)
It is important to control whether dominant companies in particular market sectors follow laws and rules and do not abuse their dominance at the expense of weaker companies. This behaviour is likely to damage current or avoid the entry of new competitors, shrink the competition and set the environment for price changes the consumer is exposed to. The thesis clarifies the theoretical aspect of this issue and tries to apply it on the real case from the railway transport sector in order to describe the procedure of defining relevant market and market share and investigating the abusive behaviour. A questionnaire survey among railway passeners is an integral part of the thesis. JEL Classification D21, D22, K21, L11, L12, L40 Keywords Predatory prices, relevant market, SSNIP test, railway transport, Czech Railways Author's e-mail Iva-Slamova@seznam.cz Supervisor's e-mail vacek@fsv.cuni.cz
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