National Repository of Grey Literature 75 records found  1 - 10nextend  jump to record: Search took 0.00 seconds. 
Non-compete clauses in the competition law of the European Union and selected member states.
Klímová, Eva ; Šmejkal, Václav (advisor) ; Navrátil, Petr (referee)
Non - compete clauses in the competition law of the European union and selected member states This diploma thesis is focused on the use and regulation of non-compete clauses in the competition law of the European Union, the Czech Republic and Great Britain. The aim of this thesis is to analyse the applicable regulation and decision-making practice of the relevant authorities concerning the non-compete clauses in the selected jurisdictions, draw a comparison between them and, at the end of each chapter, make an evaluation to what extent does the relevant practice differ on the level of European law, the law of the Czech Republic or Great Britain. The thesis is mainly dedicated to the use of non-compete clauses in lease and acquisition agreements. The first chapter is focused on the theoretical introduction to the matter, containing a short summary of the fundamental regulation and soft law of the competition authorities. The second chapter is centred around the analysis of decisions concerning the non-compete clauses in lease agreements. The individual decisions are examined and compared at the end of the second chapter. The comparison is made by using the division of the anti-competitive agreements to the categories of "object-type agreements" and "effect-type agreements". The third chapter is concentrates...
Private-law consequences of a breach of competition law and their enforcement in the Czech Republic
Mikulíková, Lucie ; Dvořák, Jan (advisor) ; Havel, Bohumil (referee) ; Šmejkal, Václav (referee)
V ANGLICKÉM JAZYCE Private-law consequences of a breach of competition law and their enforcement in the Czech Republic The private-law consequences of a breach of competition law, Articles 101 and 102 of the Treaty on the Functioning of the EU and Sections 3 and 11 of the Czech Competition Act, may affect many entities, irrespective of whether they are competitors or consumers. Recently, emphasis has been placed on private enforcement of competition law that is intended to serve as an important complement to public law enforcement. The first part of the dissertation defines basic concepts and principles of competition law including "public rules on restriction of competition". The history of the enforcement of competition law in the Czech Republic and the dynamic development in this area at the EU level are outlined in the second part. The third crucial part of this work deals with the right to damages caused by a breach of competition law in the Czech Republic. In 2014, the EU adopted Directive 2014/104 on certain rules in damages actions with the view, inter alia, to increase the effectiveness of private enforcement of competition rules by civil courts of EU Member States. On August 18, 2017, new Act No. 262/2017 Coll. which implements the Directive into Czech law was adopted. The dissertation...
Abuse of European Union law
Matějec, Martin ; Král, Richard (advisor) ; Sehnálek, David (referee) ; Šmejkal, Václav (referee)
Abuse of European Union law Abstract The aim of this dissertation is to analyze the principle of the prohibition of abuse of EU law and its applicability in various areas of EU law. The dissertation focuses mainly on the analysis of the case law of the Court of Justice, which plays a crucial role in defining the principle and the scope of its application. The following research questions are set out in the dissertation: 1) What practice constitutes the abuse of law under EU law?; 2) Does the Court of Justice apply only one single principle of the prohibition of abuse of EU law or does it apply various principles to different areas covered by EU law?; 3) If there is only one principle of the prohibition of abuse of EU law, how is this principle applied in various areas of EU law? Is the principle applied always in the same manner or are there areas of EU law that are subject to a more restrictive application of this principle? 4) What are the legal means that can prevent the abusive practices of economic operators or more precisely what are the legal means that can reduce the abuse of law? In order to answer these research questions the dissertation is divided into five parts. The first part defines the notion of abuse of law and the purpose of the principle of the prohibition of abuse of law, which finds...
Private enforcement of EU Competition Law
Albrecht, Patrik ; Šmejkal, Václav (referee)
1 Abstract Private enforcement of EU Competition Law Private enforcement of competition law is commonly understood as the possibility of seeking damages caused by anticompetitive behavior of undertakings before the courts of EU member states. The analysis of a right to seek the antitrust damages and its development is based on decisions of the Court of Justice of the European Union as well as preparatory works on the Directive 2014/104/EU of the European Parliament and of the Council of 26 November 2014 (the "Directive"). The first chapter describes the development of the new fully recognized branch of competition law within the EU. The CJEU has focused on the interpretation of the principles of effectiveness and equivalence and the direct effect of Articles 101 and 102 TFEU. The second chapter includes the analysis of a total of four research questions such as who may be the claimant or the defendant, which court has a jurisdiction and when the limitation period exactly starts to run. Answers to these questions provide injured persons with a higher degree of legal certainty in relation to enforcement of their rights. Also, the Directive and the Czech transposition legislation, including the already available case law of the CJEU, are critically analyzed. Collective protection of the rights and protection...
Competition law aspects of the EU Trade Agreement with Peruand Colombia
Krčmář, Martin ; Svoboda, Pavel (advisor) ; Šmejkal, Václav (referee) ; Smolek, Martin (referee)
Abstract_Dissertation Martin Krčmář Program of Study: Theoretical Legal Sciences - European Law Dissertation topic: Competition Law Aspects of the EU Trade Agreement with Peru and Colombia Student: Mgr. Martin Krčmář Dissertation Abstract The aim of this dissertation is to analyse the Competition Law provisions of the Trade Agreement between the European Union, Peru and Colombia (Agreement) and to assess their relevance and expectations related therewith. Within the text of this dissertation I provide general explanation on the role of the Competition Law provisions in international free trade agreements and reasons for including them in this type of international arrangements. Likewise, in the initial part of this work I provide a brief overview concerning the characteristics of the Agreement and its place in the EU legislation hierarchy with regard to its content, bodies responsible for the negotiation and an involvement of the Member States in the final approval thereof. Given the general aspect of individual Competition Law provisions of the Agreement I have focused on providing a detailed analysis on every single provision in question. I took the specific character of all jurisdictions involved as well as their geopolitical and socio - economic environment as a main starting point for this work. By...
Private enforcement of EU Competition Law
Albrecht, Patrik ; Šmejkal, Václav (referee)
Private enforcement of EU Competition Law Abstract The topic of this Juris Doctor thesis deals with private enforcement of competition law, which is commonly understood as the possibility of seeking damages caused by anticompetitive behavior of undertakings before the courts of EU member states. The author describes the development of the right to seek the antitrust damages in the first part of his thesis. This deep analysis involves an exhaustive presentation of key decisions of the Court of Justice of the European Union, accompanied by the analysis of the preparatory work on the Directive 2014/104/EU. The latter includes synthesis of numerous comments drafted and issued by member states, national competition authorities and other stakeholders as well. Following the first part described above, the author carefully examines the whole text of adopted Directive 2014/104/EU and describes its transposition. There was created a new fully recognized branch of competition law within the EU, which doesn't replace or threaten both the EC and NCA public enforcement of competition law. Moreover, these private antitrust damages actions serve as a complement of a public-law sanction. The European private damages directive establishes certain new procedures and law institutes, all of which are thoroughly analyzed and...
Development of Decision-making in the Field of Public Procurement
Zapalačová, Michala ; Pítrová, Lenka (advisor) ; Šmejkal, Václav (referee) ; Rychlý, Tomáš (referee)
- Development of decision-making in the field of public procurement As the title of the dissertation suggests, its content is an analysis of decision-making in the field of public procurement, including its evolution. The dissertation is divided into three main chapters, namely the general conclusions on the legal regulation of the review of the procedure of contracting authorities, a specific analysis of decision-making practice and proposals for legal regulation de lege ferenda. In general, the dissertation focused on both national review and the supervision of public procurement by the EU institutions. The dissertant focused mainly on the description of the motion proceedings and ex officio proceedings, the imposition of corrective measures and also the legal regulation of offenses. In the chapter on the summary of general legislation, the dissertant also briefly described the role of the The Office for the Protection of Competition ("Office") and national administrative courts, as well as the role of the Constitutional Court. In the chapter on decision-making practice in the field of public procurement, which is a key part of the dissertation, the dissertation analyzed the issued decisions, especially in the period after the entry into force of the new Public Procurement Act. The described...
Network Sharing and Standard Essential Patents in EU competition law
Krejsová, Klára ; Šmejkal, Václav (advisor) ; Svoboda, Pavel (referee)
Network Sharing and Standard Essential Patents in EU Competition Law Abstract This diploma thesis deals with two issues which are closely linked to telecommunications and its specific features - network sharing and standard essential patents. Actually, these issues are very topical and come out at the forefront of EU competition authorities. The goal of this diploma thesis is to familiar the reader with particular issues and then analyse individual decisions of Commission and CJEU regarding aforementioned topics from the perspective of consumer welfare as one of the main objectives of EU competition law. Therefore, the first part of the thesis provides definition of consumer welfare standard so that the analysis of particular decisions could be performed. The second part of this thesis deals with network sharing. Given the complicacy of this topic, there are defined the individual models and presented some actual cases of network sharing in EU at the beginning of this part. Subsequently, the thesis deals with the interrelationship between telecom mergers and network sharing. After these introductory remarks, the individual decisions of Commission are analyzed. This part is finally concluded with a partial conclusion which summarizing the main outputs arising from performed analysis. The third part of the...
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...
Buyer Power and its Abuse in European Law
Musil, Aleš ; Šmejkal, Václav (advisor) ; Svobodová, Magdaléna (referee)
This rigorosum thesis entitled "Buyer Power and its Abuse in European Law" deals with the analysis of buyer power in European law from the perspective of legal theory (part one - theoretical) and analysis of legislative aspects of the abuse (part two - practical). Attention is paid to the perspective of European law on the issue of buyer power and its abuse, both from the perspective of competition law and of the concept of buyer power, primarily pursuing objectives other than competition on the market. In my rigorosum thesis, I address the issue of market buyer power as a concept different from both market seller power and purchasing power, which refers to the extent to which consumers or firms have available money for spending and consumption. The concept of market power has in fact two branches - seller power and buyer power. In my thesis, I prove that (i) they cannot be viewed as a mirror image and (ii) that buyer power is an umbrella concept covering monopsony and bargaining power. Buyer power as the umbrella concept is a buyer's ability to exert pressure on its suppliers so as to lower prices or extract other concessions in two forms - monopsony and bargaining power. Monopsony power is an inefficient purchasing behaviour that involves withholding demand to decrease the purchasing price paid...

National Repository of Grey Literature : 75 records found   1 - 10nextend  jump to record:
See also: similar author names
1 Smejkal, Vladimír
2 Smejkal, Vojtěch
3 Smejkal, Václav
3 Smejkal, Vít
1 Šmejkal, Viktor
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