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Legal and Economic Aspects of Cartel Agreements in the Czech Republic
Matějka, Martin ; Hrabincová, Dagmar (referee) ; Blažek, Jiří (advisor)
The thesis is dealing with Impact of Cartel agreement on individual subjects of Competition within the Scope of wider macroeconomic context. On the basis of predicted behavior at microeconomic level are outlined possible macroeconomic Impacts. Current practice in protecting Competition in the Czech Republic is delimited in the perspective of possible philosophy-political approaches emphasizing the legal framework. Competition protection is generally aimed at consumer welfare, which can be considered to be the primal target. Fundamental terms are defined on the basis of factual usage with the focus on the problematical questions in practice. In the practical part is briefly introduced proceedings course including possible remedies.
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The crime of breach of regulations on rules of economic competition
Kadoun, Jindřich ; Pelc, Vladimír (advisor) ; Tejnská, Katarína (referee)
1 Abstract The crime of breach of regulations on rules of economic competition This thesis deals with the crime of breach of regulations on rules of economic competition under section 248 of the Criminal Code. This section consists of four separated crimes, where the author focuses only on the crime of unfair competition and the crime of conclusion of cartel agreement. In the first chapter the author concisely describes the historical background which is notable especially for legislation from period of the First Czechoslovak Republic. The author considers its significance mainly since the then Unfair Competition Act has been a source for the current provisions on unfair competition in the Civil Code. Moreover, the author intended to point out a very different rationale and approach to cartels under the then Act on Cartels in comparison with contemporary legal situation. After a general description of the elements of the crime in question in sense of systematic classification and introduction of its main issues the author presents two criminal law principles, i.e. subsidiarity of prosecution in criminal law and requirement of nullum crimen sine lege certa. The author examines both crimes in the light of these two principles throughout his whole thesis. In the third chapter the author inquires into legal...
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Penalizing cartel agreements in Czech and European law
Knotková, Denisa ; Prášková, Helena (advisor) ; Pítrová, Lenka (referee)
Cartel agreements constitute a distortion to consumer ́s welfare and economics environment itself by yielding higher profits without risks to those who engage in anticompetitive behavior. Therefore the purpose of this master thesis is to analyze the aspects of sanctioning cartels under Czech and European law especially with regard to the many recent changes in legislation regulating the protection of competition. The thesis is composed of fifteen chapters. Chapter one defines cartels and their characteristics. Second chapter builds on the first by introducing, the types of prohibited agreements. The background in history of competition regulation and its upcoming challenges is provided in chapter three followed by explanation of the reasons why it is necessary to prosecute competitors who engage in anticompetitive conduct in chapter four. Since these reasons have changed several times in history as have the views of the regulator on the need of market regulation, it is important to explore the issue of inconsistency as they still remain topic of discussion even nowadays. Chapter five provides overview of the institutions whose task it is to enforce competition law. After these background chapters, in chapter six the focus shifts towards liability aspects of cartels and the process of sanctioning...
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Veřejné zakázky a bid rigging
Krejčová, Hana
The Diploma thesis deals with the public procurement issue and the bid rigging. The first part of this thesis is focused theoretically on related legislation of public procurement in the Czech Republic. Herein are in this thesis defined public pro-curements and their types, role of contracting authority and award procedure. The further chapter is devoted to the bid rigging and to its theoretical background. The second part of thesis analyses decisions of the case law of bid rigging, influence of the bid rigging. Furthermore, there are suggested the possible results of detection and prevention of bid rigging.
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Legal and Economic Aspects of Cartel Agreements in the Czech Republic
Matějka, Martin ; Hrabincová, Dagmar (referee) ; Blažek, Jiří (advisor)
The thesis is dealing with Impact of Cartel agreement on individual subjects of Competition within the Scope of wider macroeconomic context. On the basis of predicted behavior at microeconomic level are outlined possible macroeconomic Impacts. Current practice in protecting Competition in the Czech Republic is delimited in the perspective of possible philosophy-political approaches emphasizing the legal framework. Competition protection is generally aimed at consumer welfare, which can be considered to be the primal target. Fundamental terms are defined on the basis of factual usage with the focus on the problematical questions in practice. In the practical part is briefly introduced proceedings course including possible remedies.
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Rámcové smlouvy a kartelové dohody
Krajčiová, Dominika
Krajčiová, D. Framework Agreement and the cartel. Bachelor thesis. Brno: Men-delova univerzita v Brně, 2015. Bachelor thesis is focused on the real situation changes in the competitive environment of public procurements. The theoretical part describes the basic concepts relating to public contracts, framework contracts and agreements. Eigen work is than devoted to process subcontractor's questions and suggestions, which should lead to more effective protection of competition. The work deals with the public procurement law, and whether this legislation can lead to real change in the situation in the competitive environment of public procurements. Especially in the terms of contracts obtained in the framework agreement.
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Possibility of the creation of the cartel agreements in the Czech periodical and non-periodical press market? Case study
Machulda, Ondřej ; Vostrovská, Zdenka (advisor) ; Šmíd, Jan (referee)
The aim of this theses is to analyze the market structure of the periodical and non-periodical market in the Czech republic. Main goal is to find out, if there is a possibility of the creation of the horizontal cartels. The first part will focus on the theoretical concept of the cartel, its economic and legal consequences for the market. Practical part explore a vertical relationship in the market of periodical and non-periodical press, which is a specific market, simply because publisher determines the final price and unsold copies (remittances) buys back at a selling price. This analysis is the basis for dealing with a specific case, that have been discussed by the Office for the protection of competition on the suspicion of the coordinated action of the competitors to gain a dominant position in one part of this market in the distribution of periodical and non-periodical press. The final part examines the impact of this concrete case and its consequences on developement of this market regarding cartel agreements.
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Selected legal instruments used in the enforcement process of cartel agreements
Šemora, Vítězslav ; Boháček, Martin (advisor) ; Raus, David (referee)
The focal point of the dissertation is the term of cartel, which could be described as agreements distorting competition concluded by competitors on the horizontal level of the market, and, above all, legal instruments which are used in the process of detecting and punishing cartels. In particular, the dissertation thesis deals with three of possible instruments used in the enforcement process of cartels, i.e. with dawn rides (unannounced on-the-spot inspections/investigations carried out in business and non-business premises), sanctions and sanction policies and with the leniency programs. These instruments are generally thought to be the most important and most effective tools in the enforcement process of cartels and necessary precondition of efficiency of competition law itself. In accordance with the topic, the dissertation thesis is divided into three parts. The first part is concerned with theoretical and normative definitions of agreements distorting competition and cartels. The main purpose of this part is to provide basic characteristics of these terms and to describe them in a way which will create a basement for explanation of the three legal instruments, which form the focal point of the thesis. Second, fundamental part of the dissertation, deals with commentary to selected legal instruments, mentions already above. In particular it consists of three chapters, each one dealing with one of the instruments in question. In the final part of the dissertation are introduced conclusions and evaluations of the three legal instruments and also some proposals pro futuro.
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