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Telecommunications regulation
Selby, Alice ; Pomahač, Richard (advisor) ; Pítrová, Lenka (referee) ; Bejček, Josef (referee)
The content of my work has been chosen on the basis that I have spent most of my career working as a regulatory lawyer in telecommunications. I started my career as a lawyer at the Czech Telecommunications Office and after few years I moved to the Ministry of Transport, which was then also responsible for telecommunications, and its strategy and legislation. Finally I joined Radiomobil (now T-Mobile Czech Republic) where I have spent 15 years to date. The development of technologies in the last 20 years is without a doubt fascinating. It is exciting to observe the sector regulation trying to catch up with the fast moving technological developments, and often aiming at attempting to regulate what cannot be regulated. At the same time we can witness the overregulated European telecommunications market gasping for air in comparison with other regions as it becomes less and less attractive to investments and investors, which is evidenced by the major European companies leaving the European markets and moving their activities into the less regulated regions of the world. A direct consequence of that is the consolidation of the European telecommunications markets. At the same time there are very high expectations on the part of both regulatory bodies and customers in the field of broadband development...
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Consumer protection law in the ongoing European internal energy market by the example of the Electricity Directive 2009/72/EC
Ziegler, Friedrich ; Tichý, Luboš (advisor) ; Bejček, Josef (referee) ; Macková, Alena (referee)
The thesis deals with the question about necessary conditions to achieve the objective of a high level of consumer protection in the context of the ongoing internal electricity market taking into account the grid-bound electricity supply, which is characterized by the natural monopoly of regulated networks as well as by competition for the homogeneous product electricity. It evaluates the relationship between effective competition and energy sector-specific consumer protection taking into account the energy-specific regulatory law and examines in detail the regulations of the Directive 2009/72/EC concerning consumer protection under the perspective of enabling the responsible and informed consumer to operate as a self-determined market participant and so shape the market actively towards its completion. After art. 114 TFEU as the existing central norm concerning the alignment of the internal energy market is distinguished from other possible competence rules like the new energy sector-specific competence title of art. 194 TFEU the requirements developed by the ECJ case law concerning art. 114 TFEU from the point of view of the energy sector-specific consumer protection are presented. The thesis clarifies both to what extent in Directive 2009/72/EC codified consumer rights are suitable to achieve...
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Scope of liability for breach of EU competition rules
Pipková, Petra Joanna ; Tichý, Luboš (advisor) ; Bejček, Josef (referee) ; Král, Richard (referee)
Scope of liability for breach of EU competition rules JUDr. Petra Joanna Pipková, LL.M.eur The purpose of the thesis is finding of an effective instrument of defining the scope of liability for breach of EU competition law and the actual definition of the scope of liability. In particular, the thesis aims to prove that, contrary to the prevailing view, only direct victims of violation of EU competition rules should be compensated. The thesis is divided into four chapters; the first being devoted to the general methodology of the thesis, private and public enforcement of competition law and to the claim for damages under the EU law. The analysis of private and public enforcement of competition law is an important basis for the whole thesis. The question to which extent the damages claim are important for the enforcement of competition law determines the function of damages claims in the area of competition law. The thesis arrives at the belief that private enforcement is not the main tool fir the enforcement of EU competition law. However, it is a very important tool. The following chapter focuses generally on damages claims in the area of competition law (the foundation of the claim for breach of competition law, of the claim for breach for unfair competition law and of the claim for breach of morality)....
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Liberalisation of postal services under the European and Czech law
Svoboda, Štěpán ; Tichý, Luboš (advisor) ; Pomahač, Richard (referee) ; Bejček, Josef (referee)
(en) Stepan Svoboda - Liberalization of postal services under the European and Czech law This disertation is an updated analysis of the current liberalisation processes in the European Union and in the Czech Republic. It consists of 9 parts. In the introductory parts the author describes the role of the application of the article 106 TFEU in conjunction with the article 14. He shows that the application of the article 106 constitutes the primary authorisation for the liberalisation (not only) postal services. Furthermore he analyses the basic requirements for the application of the article 106(1) and its exception as provided for in the article 106(2) TFEU. In the chapter 2 the author is focused on the general scheme of the liberalisation process and its risks arising from the behaviour of the incumbent as well as the new entrants on the postal market. The introductory framework is completed by the economic analysis of the behaviour of the postal monopoly and its (in) efficiencies compared to the structure of the competitive markets. In the main part of the thesis the author is dealing with the analysis of the services of general interest, general economic interest and the universal services in which the basic concept of the gradual liberalisation of the network industries must be seen. By means of...
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