|
|
Criteria for the definition of a full function joint venture in decision-making of the Commission
Apollonova, Elena ; Svoboda, Pavel (advisor) ; Šmejkal, Václav (referee)
- Criteria for a definition of a full function joint venture in the decision-making of the Commission This thesis focuses on the progress in the Commission's approach towards full functioning joint ventures and on criteria for their determination. A full functioning joint venture is a joint venture type that fulfils criteria given by the Commission of the European Union - joint control and full functioning, that consists of functional autonomy, lasting basis and resources. The first, inductive part provides a short joint venture typology and explains ways by which the European law regulates those concentrations. The second part of the thesis serves as a necessary historic excursus to the progress in the European Union Commission's view on cooperative and concentrative concentrations and its goal is to clarify on the basis of which factors and how this approach has developed from 1968 to the present. The third, main, part of the thesis is an analysis of particular full functioning joint venture determination criteria. Each criterion is analysed separately with regards to specialised publications, regulations, reports and directives, especially by analysing European Union Commission's rulings, as the result of the application of the approach towards full functioning joint ventures by the European...
|
|
|
Single continuous infringement in EU competition law
Kaše, Samuel ; Šmejkal, Václav (advisor) ; Vondráčková, Aneta (referee)
67 Abstract Single Continuous Infringement in the Competition Law of the European Union. The content of the thesis is to identify the individual features that characterise a single continuous infringement, as well as to identify the traces of the development of the single continuous infringement in EU competition law. Due to the absence of the anchoring of the concept of the single continuous infringement in a primary EU law, base for this thesis needs to be in the decision-making practice of the Court of Justice of the European Union, and the Commission as the main basis for the present thesis. The introductory chapter of this thesis focuses on the development of the concept of the single continuous infringement. It should be borne in mind that, although the concept of the single continuous infringement is known in other legal systems, there are individual differences between them, which are due to the different conceptions of competition law in different countries. The CJEU can be regarded as the reference body which, through its decisions, has given the concept of single continuing infringement its current form as applied by the Commission. The aim of this thesis is to identify and analyze the individual features of the single continuous infringement and then to reflect these features in the...
|
|
|
Analysis of the institute of extraordinary circumstances, or the curtailment of air passenger rights: Theory practice and future development
Bartošík, Lukáš ; Exner, Jan (advisor) ; Šmejkal, Václav (referee)
Title of the writing: Analysis of the institute of extraordinary circumstances or abbreviation of air passenger rights: Theory, practice and future directions Abstract Air passengers have a number of rights against air carriers under EU law. One of these rights is the right to a flat-rate compensation in the event of cancellation or significant delay of a flight. Cancellations or significant delays can be caused by a wide variety of circumstances. If these circumstances are extraordinary and could not have been prevented by the carrier using all reasonable measures, passengers are not entitled to compensation and the carrier is thus relieved of its obligation. Extraordinary circumstances in air transport are very often applied in practice as a means of relieving the carrier of its obligation to pay damages to air passengers. Unfortunately, this remedy is enshrined in the legislation in a very vague and indeterminate manner, in the form of vague legal terms. It can therefore be abused in practice to the detriment of passengers. The Court of Justice of the European Union, in the context of the preliminary ruling procedure, does interpret the institute, but again using general and vague terms, which requires further specification by means of further preliminary questions. This paper aims to explain the meaning...
|
|
|
SAP Reporting with the Use of In-memory Database
Smejkal, Václav ; Klusák, Aleš (referee) ; Luhan, Jan (advisor)
The master's thesis deals with the in-memory database SAP HANA which keeps all data directly in main memory with the use of column-oriented data layout. Practical part of the thesis consists in development of application in SAP R/3 environment, with which performance of the in-memory database SAP HANA and the traditional database MaxDB is compared, including influence of used data layout. The results show that the in-memory database is advantageous especially for analytical operations based on aggregate functions.
|
|
|
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...
|
|
|
Consumer interests in the regulation of Internet gatekeepers in EU and US competition law
Novák, Matyáš ; Šmejkal, Václav (advisor) ; Svobodová, Magdaléna (referee)
Consumer interests in the regulation of Internet gatekeepers in EU and US competition law Abstract This thesis focuses on the regulation of Internet gatekeepers in EU and US competition law. The aim of the thesis is to compare the rules and legislative proposals on the regulation of Internet gatekeepers from the perspective of protecting the interests of end consumers. The structure of the thesis is divided into five chapters. The first chapter is an introduction to the topic of the thesis. The second chapter offers a brief insight into the relationship between competition law and consumers. This chapter outlines the history of competition law and the consumer in a broader and narrower sense. The second chapter then defines the various consumer interests that are protected by EU and US competition law - price, choice, quality and innovation. The third chapter introduces the individual pieces of legislation examined, namely the European Digital Markets Act and the US federal bills American Innovation and Choice Online Act, Platform Competition and Opportunity Act, Ending Platform Monopolies Act, ACESS Act of 2021, and Open App Markets Act. The fourth chapter is devoted to the actual content of the gatekeeper regulation under review. This chapter is organized into 20 subchapters, 19 of which address the...
|
|
|
State aid in the Field of Healthcare
Červinka, Jaroslav ; Šmejkal, Václav (advisor) ; Vondráčková, Aneta (referee)
1 State aid in the Field of Healthcare Abstract Health care in modern welfare states of the European Union member countries requires financing from public sources. However, member states also prohibit most forms of state aid in the Treaty on the Functioning of the European Union. The interpretation of the primary law in the decisional practice has confirmed in a long-term, that in the healthcare sector the competitive environment clashes with the public financing aspect. The Court of Justice and European Commission have repeatedly found ways how to deal with such a conflict. This thesis analyses court's case-law and the practice and soft law documents of European Commission, to establish which solutions are functional for the healthcare field, and which questions remain opened. For that purpose, it especially focuses on the exception for services of general economic interest according to Article 106 Paragraph 2 of the TFEU and on the interpretations of the term undertaking and the terms favouring and distortion of competition, contained in the definition of prohibited state aid. In the explored cases, the decision practice differentiates social funds lead by the principle of solidarity from the undertakings, which are subjected to EU competition law regulation. The traits of a social fund are mandatory...
|
|
|
Gun-jumping and EU merger control
Kregl, Jan ; Šmejkal, Václav (advisor) ; Pítrová, Lenka (referee)
Gun-jumping and EU merger control Abstract This thesis deals with the issue of gun-jumping under the EU Merger Regulation. On the EU level of competition law, gun-jumping is an infringement of the obligation to notify a concentration and the obligation not to implement such concentration before receiving Commission's clearance. Gun-jumping was, for a long time, a marginal and undeveloped topic within the context of EU competition law. However, over the years, the Commission has significantly tightened its grip over the undertakings that do not respect the basic principles of EU merger control procedures and imposed heavy penalties for such infringements. Over the last few years, gun-jumping has thus become one of the leading issues within the EU competition law. This thesis sets the objective to examine the evolution of the gun-jumping enforcement on the EU level. Furthermore, it aims to identify the various types of gun-jumping conduct from the undertakings' point of view and their subsequent assessment by the Commission. Finally, the thesis also seeks to identify the problematic and unclear areas of gun-jumping and the possible clarifications to be made by the Commission. To achieve these objectives, the author researches the academic literature on gun-jumping and examines the decision-making practice of...
|
|
|
Revisting EUMR Jurisdictional Thresholds - Potential Tools to Establish Jurisdiction over Killer Acquisitions and other Low - Turnover Concentrations
Žáček, Kryštof ; Šmejkal, Václav (advisor) ; Exner, Jan (referee)
of a diploma thesis - Kryštof Žáček Revisiting EUMR Jurisdictional Thresholds Potential Tools to Establish Jurisdiction over Killer Acquisitions and other Low-turnover Concentrations In 2021, the European Commission issued its Guidance on the application of referrals under Article 22 of the European Merger Regulation, aiming to allow merger control over killer acquisitions and other low-turnover concentrations. This thesis analyses this approach, in particular its ability to capture relevant concentrations, its impact on market participants and its implications for the European Union merger control regime. The analysis shows that this jurisdictional tool has merits but comes at a cost. The flexible conditions for a referral under Article 22, namely regarding the local nexus and the concept of "making known", allow the EU to assert jurisdiction over virtually every relevant low-turnover transaction, even opening the door to ex post merger review. However, the mechanism requires that competition authorities discover the concentration in the first place. The notifications introduced by the Digital Markets Act and the Foreign Subsidies Regulation mitigate this, but competition authorities should develop other ways of obtaining relevant information. The flexibility of Article 22 makes merger review...
|
|
|
Collective Actions in Selected Legal Systems from a Consumer Protection Perspective
Nováčková, Daniela ; Šmejkal, Václav (advisor) ; Svobodová, Magdaléna (referee)
Class Actions in Selected Legal Systems from a Consumer Protection Perspective The thesis is dedicated to the topic of collective actions in the new legislation at the EU level (contained in Directive 2020/1828 on representative actions1 ) and in the national legislation in selected EU Member States - the Czech Republic, Poland and Portugal. The aim of the thesis is to examine and evaluate which legislation on collective actions for damages is the most favourable for consumers in the selected EU Member States and thus provides the greatest level of legal protection for consumers. In the case of the Czech Republic, the legislation under examination is that contained in the Draft Act on collective proceedings,2 which has not yet been enacted into law. At the same time, the thesis examines whether the Directive on representative actions at all provides EU Member States with a legal framework allowing them to set up national legislation on collective actions in the most consumer-friendly way. The structure of the thesis is divided into 9 chapters. The Introduction is followed by Chapter 2, which starts by introducing some basic terms in the field of collective actions, such as collective action, opt-in and opt-out systems, etc., of which the understanding is essential for the following chapters....
|
guest ::
RSS feed.