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Private Enforcement of EU Competition Law
Šimeková, Zuzana ; Král, Richard (advisor) ; Šmejkal, Václav (referee) ; Svobodová, Magdaléna (referee)
1 Thesis Summary Private Enforcement of EU Competition Law Zuzana Šimeková 1. Starting points and goals of the thesis The main goal of my thesis is the application of the ever-evolving contemporary issues of private enforcement of the EU competition law, its developments in the legislative area and the decision- making practice of the European Commission and the Court of Justice of the European Union (the ECJ) to the pharmaceutical sector area. As regards the functioning of competition rules, the pharmaceutical sector found itself in the cross-hairs of the European Commission fairly recently. Its efforts resulted in the Pharmaceutical Sector Inquiry Final Report of 8 July 2009 (the Final Report). The primary subject-matter of my thesis is the assessment of the competition relationship dynamic between the originator and generic pharmaceutical companies, especially the degree by which the conduct by the originator pharmaceutical companies can delay market entry by the generic pharmaceutical companies and thereby negatively affect the consumers by (among other things) limiting availability of cheaper drugs. Despite the expectations of legal practitioners and academia, the European Commission did not rule in the Final Report whether the discovered conducts constitute violations of the EU competition law. The...
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An impact of the recent economic crisis upon the control of mergers of competitors in the EU
Bartoš, Petr ; Šmejkal, Václav (advisor) ; Svoboda, Pavel (referee)
An impact of the recent economic crisis upon the control of mergers of competitors in the EU The purpose of this thesis is to analyse an impact of the recent economic crisis upon the control of mergers of competitors in the EU. It is established as an initial hypotheses that the economic crisis had considerable impact upon the EC merger control. The thesis is composed of six chapters, each of them dealing with different aspects of the above mentioned topic. Chapter One is introductory and defines basic terminology used in the thesis. The chapter is subdivided into two parts. Part One describes pre-crisis legal framework of EC merger control. Part Two deals with dominant pre-crisis theoretical approaches towards EC merger control. Chapter Two examines origin and development of the recent economic crisis, various regulatory responses to it, as well as the joint action of EU Member States towards dealing with consequences of the economic crisis. The chapter consists of seven parts, last one of them attempts to compare current situation in the EU with historical example of US antitrust enforcement during national crises. Chapter Three is focused on the impact of the recent economic crisis on EC merger control. It is subdivided into nine parts and provides an outline of the consistency on the principles...
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Selected Aspects of Private Enforcement of Competition Law
Navrátil, Petr ; Svoboda, Pavel (advisor) ; Šmejkal, Václav (referee)
Title: Selected Aspects of Private Enforcement of Competition Law The purpose of the study is to analyse and compare selected provisions and legislative proposals regarding to the rules of evidence and locus standi as they are codified in Federal Rules of Civil Procedure and in Czech Rules of Civil Procedure as well as selected aspects of Private Enforcement of Competition Law in UK. It should be stressed the fact that the rules of evidence and locus standi are seen through a prism of antitrust claims for damages. The study is composed of six chapters, each of them dealing with different aspect of Private Enforcement of Competition Law. Chapter One is introductory and defines basic terminology used in the study. Chapter Two focuses on legal basis for antitrust claims for damages. Chapter Three consists of three parts. Part One focuses on locus standi issue in US Law. Part Two is an analysis of proposals of EU Commission as well as relevant judgements of Court of Justice of European Union. Partial conclusions are drawn in Part Three. Chapter Four consists of three parts. Part One investigates the principles of rules of evidence as they are codified in Czech Law. Part Two discusses the American attitude to rules of evidence. Partial conclusions are drawn in Part Three. Chapter Five consists also of...
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Mobility of companies within the European Union in the light of the case law of the Court of Justice of the EU
Pikal, Daniel ; Scheu, Harald Christian (advisor) ; Šmejkal, Václav (referee)
The purpose of this thesis is to analyze the current legal issue concerning the corporate mobility within the European Union. The main focus is placed, in particular, on the analysis of the relevant case law of the Court of Justice of the European Union. Other parts of this thesis will give an overview of cross border mergers and supranational forms of companies including their ability to transfer their seat to other member states without being wound up in liquidation before the transaction within the area of the European Union. As evident from the title, the paper focuses on the topic from the European perspective only and the issue of the mobility from, or into, a non-member state is not dealt with. The first chapter provides a brief definition of the basic legal concepts that are crucial to this thesis. The definition of freedom of establishment in the context of the common market of the EU is given and also the incorporation theory and the real seat theory are briefly outlined, as well as the conflict that may arise between these two doctrines. The second chapter, the most extensive chapter which represents the core of this thesis, describes and analyzes the case law of the Court of Justice of the European Union law relating to the freedom of establishment. This chapter is divided into two...
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Duality of the legal regulation of a dominant position in EU competition law
Pavel, Jan ; Svoboda, Pavel (advisor) ; Šmejkal, Václav (referee)
Résumé The presented work addresses the issue of the double-tracking nature of a dominant position in European competition law. The aim of the integration efforts during the establishment of the EU was the creation of an internal market, especially the customs union. In order to achieve this state, it was necessary to take a number of integration measures and create a legal framework, i.e. conditions, under which economic competition in the internal market could operate effectively. In this context a variety of legislation valid for the whole EU territory has been accepted. However, in the context of the economic competition this work analyzes the legislation on market dominance carried out first in Article 102 of TFEU (Treaty on the Functioning of the European Union) prohibiting restrictive business practices in the form of abuse of a dominant position and also in Council Regulation (EEC) No 4064/89 and later in Council Regulation (EC) No 139/2004 regulating the control of concentrations between undertakings. In case of both the legislations the crucial question is the "dominant position" of an enterprise in the market, while Article 102 of TFEU represents the ex post control, i.e. applies only to the possible abuse of the dominant position, and in this sense the dominant position itself is not the...
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Duality of the legal regulation of a dominant position in EU competition law
Pavel, Jan ; Svoboda, Pavel (advisor) ; Šmejkal, Václav (referee)
Résumé The presented work addresses the issue of the double-tracking nature of a dominant position in European competition law. The aim of the integration efforts during the establishment of the EU was the creation of an internal market, especially the customs union. In order to achieve this state, it was necessary to take a number of integration measures and create a legal framework, i.e. conditions, under which economic competition in the internal market could operate effectively. In this context a variety of legislation valid for the whole EU territory has been accepted. However, in the context of the economic competition this work analyzes the legislation on market dominance carried out first in Article 102 of TFEU (Treaty on the Functioning of the European Union) prohibiting restrictive business practices in the form of abuse of a dominant position and also in Council Regulation (EEC) No 4064/89 and later in Council Regulation (EC) No 139/2004 regulating the control of concentrations between undertakings. In case of both the legislations the crucial question is the "dominant position" of an enterprise in the market, while Article 102 of TFEU represents the ex post control, i.e. applies only to the possible abuse of the dominant position, and in this sense the dominant position itself is not the...
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The leniency programme in the european and czech cartel law
Tučková, Zuzana ; Svoboda, Pavel (advisor) ; Šmejkal, Václav (referee)
The aim of this thesis is to introduce the concept of the leniency programme and to describe its development and current legal regulation in the European Union and the Czech Republic, to evaluate its rules, its effectiveness and morality. The thesis also explores the relationship between leniency programme and other instruments in antitrust law enforcement. Leniency programme lies in granting full or partial immunity from sanction to the member of a cartel that reports the existence of this cartel to the antitrust authority. The thesis describes the key features of an effective leniency programme and compares these general postulates with real facts from the practise of the European Commission and the Office for the Protection of Competition. The thesis continues with pointing out the differences between European Commission notification issued in the years 1996, 2002 and 2006 and it describes how the programme works nowadays. It also focuses on the cases in which the Commission used the leniency programme. It also deals with the issue of European Competition Network and its Model Leniency Programme. Then it describes the leniency programme in the Czech Republic and the decisions by the Office for the Protection of Competition on the basis of leniency application. The comparison of Czech and...
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A new role of the European Central Bank in financial supervision
Hartmann, Ivo ; Tomášek, Michal (advisor) ; Šmejkal, Václav (referee)
This Thesis shall analyze the development, resp. the actual changes made in the structure of the European financial supervision system. The analysis is done with a view to the deepening economic integration of the Member States of the European Union, whereby in the Thesis the European supranational financial supervision is perceived as a necessary result of the supranational economic cooperation. However, it is also to be borne in mind that the structure of the European financial supervision is or - at least so far - it has been very imperfect, because the Member States of the European Union were willing neither to institutionalize the cooperation in the sphere of the supranational financial supervision nor to hand over any supervision competences to the supranational level. The Thesis takes into account, in particular, the impacts of the world financial crisis and its influence on the European financial supervision structure. However, with a view to the fact that the Thesis analyzes the long-term development of the European financial supervision as well as incentives, obstructions and goals of the particular former reform steps undertaken in this field, in addition to the impacts of the world financial crises the Thesis also analyzes other decisive factors. As for other factors that - from our...
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3D Chess with Leap Motion
Smejkal, Václav ; Najman, Pavel (referee) ; Pavelková, Alena (advisor)
This Bachelor thesis deals with Leap Motion controller. The goal of this project is 3D chess game which can be controlled by Leap Motion device. Theoretical part of this thesis describes history of similar input devices, Leap Motion and OpenSceneGraph graphics toolkit which is used to create 3D scene. Then, practical part describes design and implementation of application and evaluation of usability of application control based on testing.
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