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Protection of economic competition - agreements intervening in competition
Mráček, Michael ; Horáček, Vít (advisor) ; Horáček, Tomáš (referee)
The objective of this thesis is to evaluate and describe Czech legislation regarding agreements intervening in the economic competition, namely with the focus on their actual form, specifics, characteristics and basic essentials, and to evaluate their correctness and business impacts, taking into account legislation and case law of the European Union. The purpose of the research is primarily to outline the basic elements of forms of prohibited agreements, highlight deficiencies of legislation related to them, and to argue findings arising from the literature and case law. The thesis is based on both Czech and European literature and judicature. The thesis is divided into six chapters which are complemented by the Introduction and the Conclusion. The First Chapter compares legislation of the Czech Republic and the European Union, while the attention is devoted in particular to the influence of European legislation and judicature on the development of Czech law and decision-making practice. It also focuses on certain differences and possibilities of their removal and overcoming. The Second Chapter forms the core of the thesis and also describes the core law governing the cartels when it closely examines every single part of the state of facts of prohibited agreements. This part provides a...
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Public contracts between persons within public sector (In-house procurement in judgments of the European Court of Justice)
Uruba, David ; Horáček, Vít (advisor) ; Horáček, Tomáš (referee)
The aim of this study is to provide a comprehensive analysis of the applicability of the exceptions of vertical (in-house) and horizontal cooperation among contracting authorities within the framework of public procurement law. For this purpose is in the thesis used descriptively analytic approach, which included the valid legislation of public procurement Czech Republic, as well as the relevant directives of European Union, although the focus of the thesis was based on the jurisprudence of the Court of Justice of the European Union. The thesis is structured into five chapters. The first chapter discusses the legislative framework of the European Union and the Czech Republic. The second chapter focuses on the basic principles of public procurement law. The third chapter deals with basic concepts and terminology of public procurement law.. The fourth chapter is divided into two major parts. The first part focuses on various factors related to the use of the exemption of vertical cooperation between contracting authorities (participation of private capital in the person of the supplier and contracting authority; the fulfillment of the control criterion and activity criterion; various forms of this exception). The second part is concentrated on the use of exception of horizontal cooperation between contracting...
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Duties of so-called quoted joint stock companies
Novotný, Marek ; Černá, Stanislava (advisor) ; Horáček, Tomáš (referee)
Duties of so-called quoted joint stock companies Thesis author: Mgr. Marek Novotný Thesis supervisor: prof. JUDr. Stanislava Černá, CSc. This thesis is concerned with the regulation of duties of quoted joint stock companies (especially the duty of information) and its various institutes. The purpose of this thesis is to describe the legislation in this area of law and its development, with emphasis on the transposition of European legislation, and subject them to critical evaluation. In the first chapter the theoretical framework is defined by describing key legal concepts (the term "quoted joint stock company", "regulated markets") and the development of the most important legal regulation in this area - Act No. 256/2004 Coll., on Business Activities on the Capital Market. The second chapter is devoted to regulated markets and subject information duty. The third chapter deals with the admission of a security to trading on a regulated market and associated initial information duty of joint stock company, which is willing to become quoted. I describe mainly the prospectus and its essential elements. In the fourth chapter I analyze in detail the different types of regular (periodic) information duties, which are the annual report, semi-annual report and interim report. The following fifth chapter is...
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Concluding a contract resulting from public tender
Průchová, Zuzana ; Horáček, Tomáš (advisor) ; Eichlerová, Kateřina (referee)
The purpose of writing this thesis is to analyse the most important aspects of concluding a contract resulting from public tender. The thesis is composed of three main chapters. The first chapter deals with the definitions of basic terminology in the field of public tender, the purpose of the public procurement procedure and legislation related to the concluding a contract resulting from public tender. The second chapter concerns with the most important and the most interesting aspects of the final phase of public procurement procedure. I point out that the bidder is bound by its offer and that he has the obligation to cooperate when entering into the contract within specified period of time. In this part of the thesis I also describe the procedure of concluding small-scale public contracts and the procedure of concluding a contract resulting from public tender based on framework agreement. I also examine the publication of contracts in relation to the proposal of Register of Contracts Act. The third and final chapter is focused on the possibility of changing the contract resulting from public tender. In this context, I mention the case law of the Court of Justice of the European Union, especially key decision Pressetext. On the basis of this decision new provision related to the prohibition of...
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Abuse of dominance with respect to pricing practices
Ryneš, Oto ; Horáček, Vít (advisor) ; Horáček, Tomáš (referee)
- english This thesis is dedicated to the abuse of dominant position with respect to the pricing practices. Initially, it analyses the relevant legal framework of the abuse of dominant position as the legal phenomenon. Then, it draws attention to the field of individual anti-competition pricing practices, including the developing field of margin squeeze abuses. Major contribution rests with the analysis of the award of damages in particular cases in the Czech Republic. This work also includes an in-depth philosophical examination of selected competition law issues.
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Unfair competition (the concept of legal regulation, selected causes)
Nývltová, Petra ; Horáček, Vít (referee) ; Horáček, Tomáš (referee)
Resumé Unfair Competition (Conception of Legal Regulation, Selected Facts in Issue) Cybersquatting - a term that is often used but less often defined. The purpose of this Thesis is to deal with this phenomenon, to try to define it and mainly to assess applicability of the legal regulation of unfair competition not only to this phenomenon but also to other unfair practices in the field of information technologies connected in some way with domain names. The Thesis has been divided into two basic parts: The first part deals with the conception of the legal regulation of unfair competition in the Czech Republic. Here, the signs of the general clause contained in Section 44(1) of the Commercial Code are discussed in detail and the doctrine of competitive relations that is mostly applied in practice is critically evaluated. The first part of this Thesis also includes a proposal for a solution to overcoming the limits of this doctrine in the form of a two-stage test of practices in commercial intercourse whose part is the proposed conception of the economic conflict of interest which allows the persons involved to take legal actions against those competitors who use unfair practices despite their company's objects being quite different. In this part, the reader can even find some de lege ferenda considerations...
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Awarding of public contracts in the decisions of the Office for the Protection of Competition and the Court of Justice of the EU
Šafránek, Ondřej ; Horáček, Tomáš (advisor) ; Horáček, Vít (referee)
75 ABSTRACT The goal of my diploma thesis is to complexly analyze the institute of estimated value of a public procurement and issues related to it, while reflecting relevant decisions of the authorities competent to reviewing a public procurement, that is the Court of Justice of the European Union (the European Court of Justice), the Supreme Administrative Court, the Regional Court in Brno and the Office for the Protection of Competition. The relevant case-law is mentioned in the whole text in accordance with scheme of thesis as it is described below. Doctrinal interpretations are also taken into account. Among the most common mistakes made by contracting authorities, who are required to act in accordance with Act no. 137/2006 Coll., is wrongly determined estimated value of a public procurement. In this context it is necessary to point out that the determination is very important especially for the right categorization of contracts according to their values, which affects how strict conditions would apply for the specific contract. The work is conceived as a summary of the decision-making practice. This kind of conception was chosen primarily because of the fact that the Czech Republic (and other obliged countries) are required to implement the new procurement directives of the European Union (until April...
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Entering into a public contract
Hlaváček, David ; Horáček, Tomáš (advisor) ; Rozehnal, Aleš (referee)
Public procurement according to the Act. No. 137/2006 Coll., on public contracts, as amended, represents a distinctive contracting process characterized by a significant level of legal regulation and formalization, which differs the procedure from the standard contracting process according to the general laws. Despite this difference, public procurement is still a civil contracting process, which is by its nature a special contracting procedure to the general contracting procedure. Therefore, the subject matter of this thesis is an analysis of selected aspects, specifics, and differences of public procurement contracting procedures from genereal contracting procedures. The thesis is divided into three chapters. Chapter one deals with the position of the public procurement law in the system of law. Chapter two provides an analysis of public procurement contracting procedures aspects and specifics, and chapter three deals with the modifications of subject matter and content of public contracts. The topic is analysed both acorrding to the present public contracts act, and according to the new european public procurement directives and public contracts act bill. .
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Decision-making practice of the Office for the Protection of Competition in cases of proving qualification requirements in public tenders
Křížová, Iveta ; Horáček, Vít (advisor) ; Horáček, Tomáš (referee)
RESUMÉ AJ "Decision-making practice of the Office for the Protection of Competition in cases of proving qualification requirements in public tenders" The annual report of the Office for the Protection of Competition for the year 2014 comes to a conclusion that the most frequent mistake of a contracting authority is stipulation of disproportional (discriminating) qualification requirements. The objective of my paper is shedding light on selected contentious areas that are dealt with by the Office for the Protection of Competition, by regional courts or by the Supreme Administrative Court respectively, thus illustrating the most frequent mistakes committed by contracting authorities when stipulating qualification requirements. The paper is structured into several chapters for addressing the selected topic. The first part of the paper introduces the basic concepts and the institute of public tenders closely related to subsequent setting of qualification requirements while also referring to elementary judiciary practice. The subsequent chapters describe particular categories of qualification requirements like elementary qualification requirements, vocational qualification requirements, economical and financial qualification requirements, as well as technical qualification requirements. Each chapter showcases...
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Patent licensing and transfer of technologies from the perspective of competition law
Nemčeková, Ivana ; Horáček, Tomáš (advisor) ; Horáček, Vít (referee)
The thesis deals with the relationship between legal protection of competition on the market and legal protection of inventions, illustrated by the relations emerging in connection with licensing of patents. Text of the thesis is divided into four chapters, first two of which constitute a basis for the analysis of chosen subject-matter covered in two subsequent chapters. The topic of the thesis is explored from the viewpoint of competition law; therefore the first chapter introduces competition law foundations and legislation in the EU and the Czech Republic. Besides basic legal institutes the thesis pays attention to legislation and judicial decisions related to technological markets on which patents and their licensing constitute a common part of business strategies. Second chapter covers industrial property protection of inventions in Czech legislation, its foundations and its interconnection with such protection on the international level. The third chapter discusses technology transfer, i.e. transmission of technology information between undertakings on the market. Such information is protected mostly by patents hence it constitutes the issue of both competition law and patent law. With regard to the territorial and exclusive character of the rights resulting from a patent, there are...
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