|
|
Merger regulation of killer acquisitions under European competition law in European and international comparison
Jakob, Sebastian ; Šmejkal, Václav (advisor) ; Svobodová, Magdaléna (referee)
1 English abstract Merger regulation of killer acquisitions under European competition law in European and international comparison Collen Cunningham, along with her colleagues, introduced a novel theory of harm known as a "killer acquisition" in her paper titled "Killer Acquisitions." A killer acquisition involves an already well-established market player acquiring a potential competitor with the intent to discontinue the acquired innovation project. The primary objective of such an acquisition is to eliminate potential competition that might arise from the innovative project of the acquired competitor. Typically, the potential targets of such scenarios are innovative start-ups that do not generate sufficient turnover to trigger the notification threshold employed in the EU, which relies solely on the turnover of merging parties. As a result, the European Commission sought other ways to assert jurisdiction over such transactions, most notably through the utilization of Article 22 of the Merger Regulation. However, it is argued that the current system of merger control at the European level is not bulletproof and a potential enforcement gap necessitating an amendment of the Merger Regulation exists. Consequently, several alternative criteria have been analysed, namely, the market-share test used in Spain...
|
|
|
Competition Law - Control of Concentrations between Undertakings
Luptáková, Lucia ; Horáček, Vít (advisor) ; Čech, Petr (referee)
The subject of this thesis is the control of mergers as it is regulated by Czech laws. Control of mergers is one of the cornerstones of competition law. Competition is an important attribute of the market oriented economies all over the world. Since it is not capable of self-regulation it is necessary to set limits for the behavior of the subjects that are taking part in this competition. These limits are set by competition law. The topic is divided into three chapters. The first chapter contains definition of the term competition, in the second there are described basic terms common to all areas of competition law, while at the end of this chapter there is a description of these areas. In the last chapter focus is on control of concentrations itself in the ambit of Czech law. The aim of this work is to describe merger control as it is provided by Act No. 143/2001 on Protection of Competition (ZOHS). The emphasis is on describing different forms of merger and their characteristics which must be met so that a certain transaction could be classified as a merger. Furthermore, this work provides information on conditions that must be fulfilled so that a merger, division of a company and termination of the company accompanied by transfer of assets to its partner - according to the Czech law on...
|
|
|
The Single Economic Entity Doctrine in EU Competition Law
Lepara, Samir ; Šmejkal, Václav (advisor) ; Svobodová, Magdaléna (referee)
The Single Economic Entity Doctrine in EU Competition Law Focused on applying single economic entity doctrine in relation to merger control of State Owned Enterprises Abstract This thesis focuses on the issues surrounding single economic entity doctrine in relation to State Owned Enterprises (SOEs), in particular on the effects of Article 22 of the Preamble of Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (EUMR), and the Commission Consolidated Jurisdictional Notice under Council Regulation (EC) No 139/2004 on the control of concentrations between undertakings. Together these documents set the standards for merger control practice concerning SOEs. They are centred around the principle of applying the single economic entity doctrine when identifying the turnover of SOEs and when determining the jurisdiction of the Commission. The thesis possesses two major goals. The primary goal of the thesis is to elucidate the criteria used for the determination of a single economic unit (single economic entity) with independent decision-making power in the public sector. To this end, in chapter 3, the author has synthetized a list of the relevant criteria used for the determination of an economic entity, based on the criteria used by the Commission that have...
|
|
|
Competition Law - Control of Concentrations between Undertakings
Luptáková, Lucia ; Horáček, Vít (advisor) ; Čech, Petr (referee)
The subject of this thesis is the control of mergers as it is regulated by Czech laws. Control of mergers is one of the cornerstones of competition law. Competition is an important attribute of the market oriented economies all over the world. Since it is not capable of self-regulation it is necessary to set limits for the behavior of the subjects that are taking part in this competition. These limits are set by competition law. The topic is divided into three chapters. The first chapter contains definition of the term competition, in the second there are described basic terms common to all areas of competition law, while at the end of this chapter there is a description of these areas. In the last chapter focus is on control of concentrations itself in the ambit of Czech law. The aim of this work is to describe merger control as it is provided by Act No. 143/2001 on Protection of Competition (ZOHS). The emphasis is on describing different forms of merger and their characteristics which must be met so that a certain transaction could be classified as a merger. Furthermore, this work provides information on conditions that must be fulfilled so that a merger, division of a company and termination of the company accompanied by transfer of assets to its partner - according to the Czech law on...
|
|
|
Competition law in the Czech Republic and EU with a view to mergers and acquisitions
Karasz, Jiří ; Pavlok, Jan (advisor) ; Boháček, Martin (referee)
This diploma thesis summarizes the development of protection of competition in the Czech Republic in the comparison with EU Competition Law. I focused on undertaking concentrations, one of the three fundamental pillars of a competition protection. The description of last tendencies in the EU law explains its current values that are typical for Czech law system nowadays. First two chapters include analysis of harmonization of Czech and European competition law in the area of control of concentrations between undertakings. I tried to find solution of problems joined with the harmonization based on the opinions of Czech law specialist in the next chapter. The closing part of the thesis focuses on the last novelization in September 2009. There are also critique and recommendation included in the last chapter.
|
guest ::
