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Competitor's Dominant Position and Its Abuse in the Czech and European Law
Kuckirová, Natalia ; Horáček, Vít (advisor) ; Eichlerová, Kateřina (referee)
- Competitor's Dominant Position and Its Abuse in the Czech and European Law The aim of this thesis is to identify and analyze issues of market dominance and its abuse as one of the most important areas of the competition law. An indispensable part of every analysis of such abuse is also a definition and assessment of the relevant market which we will deal with in a separate section of this thesis. The issue of abuse of a dominant position is analyzed with the help of the competition rules and the judicial practice of the competent authorities, both at the community and national level. First chapters are designed as an introduction to the issue of dominance, offering readers a better understanding of often ambiguous approach to competition law, its restrictions and distortions. We will also be dealing with related terms such as the competitor, the company and their mutual interchangeability. Special attention will be paid to the introduction and further analysis of the relevant market, where the correct definition is the basis for the assessment of any competition case. The issue of relevant market is demonstrated on particular examples, especially on the current case of Student Agency, where the mode of defining the relevant market also decides the final outcome of the case with respect to the...
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The importance of the undertaking's dominant position under the Competition law of the EU and its delimitation
Šedová, Klára ; Scheu, Harald Christian (advisor) ; Šmejkal, Václav (referee)
The purpose of this master thesis is to define the term "dominant position" of an undertaking under the EU Competition Law and to find out, what circumstances are decisive in order to be able to identify existence of a dominant position. The second part of the thesis focuses on actual problems connected with the dominant undertakings, namely the standardization and the effectiveness of the interventions of competition authorities into the actions of dominant undertakings on rapidly developing IT markets. The thesis deals with the concept of dominant position and does not address particular types of abusive behaviour enumerated in Article 102 (a) - (d) TFEU. The first chapter briefly describes the system of EU Competition Law. The focus is directed on agreements distorting competition (Art. 101 TFEU), abuse of dominant position (Art. 102 TFEU) and control of concentrations between undertakings (Council Regulation No. 139/2004). The second chapter looks at the term "dominant position" of an undertaking and its delimitations. The subchapters describe definition of relevant market, market share, market power and other market conditions which shall be taken into account in the dominant position analysis. Space is further devoted to the existing dominant position on the neighbouring market and to the...
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Abuse of dominant position - individual forms of abusing practices under Community and Czech law
Nováková, Petra ; Horáček, Vít (advisor) ; Liška, Petr (referee)
Abuse of Dominant Position - Individual Forms of Abusing Practices under Community and Czech law Abstract Competition is a basic mechanism of the market economy. It encourages companies to provide consumers products they want, encourages innovation, and pushes the prices down. In order to be effective, competition needs independent undertakings which are subject to the competitive pressure. That was the reason why Competition law has developed. It should pre- eminently ensure to preserve the competition on the market. Competition law comprising three pillars, namely cartel agreements prohibition, merger control and the law against abuse of dominant position. This thesis focuses on the last mentioned branch of the competition law. Attention is aimed to the individual possible forms of abusive conduct of dominant undertakings. The text explicates this problem from the Czech and European law perspective and attempts to explain individual forms of abusing practices in the light of case law. It only contains substantial law, procedural law is not covered. The main aim of the thesis is to bring out the comparison between the legislation relating to the individual forms of abusing practices in the European law and Czech law and to find out if the approach of the competition authorities on the European and Czech...
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Dominant position and its abuse in the Czech and European Community Law
Vavříček, Vladimír ; Svoboda, Pavel (referee) ; Šmejkal, Václav (referee)
This thesis addresses dominant position and its abuse in the Czech and in the European Community law, by the means of comparative method. Analyzes and comments on new, relevant courts practice and takes a closer look at reform of the competition law in the field of Art. 102 TFEU. For the sake of the global description of topic in question, the thesis briefly mentions concepts of economic position, economic dependency (significant market power) and their abuse and also presents concept of monopoly position and its abuse in antitrust law of the United States of America.
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Abuse of a dominant position and the concept of relevant market
Bacíková, Martina ; Horáček, Vít (advisor) ; Eichlerová, Kateřina (referee)
Reference 1 1 Abstract - Abuse of a dominant position and the concept of relevant market The main aim of this thesis was firstly to describe the definition of abuse of dominant position constitute as one of the pillars of competition law (except for agreements distorting competition and illegal merger) and secondly to define the concept of the relevant market in accordance with the interpretation of rules on competition and the case law of the European Commission, the Court of First Instance, European Court Justice and the Office for Protection of the Competition. The introductory chapters I have tried to acquaint potential readers especially with the interpretation of key concepts, facilitating global orientation through the issue of competition and its distortion or restriction. Mainly to work with concepts such as competition, competition law, cartel law, undertaking, company, etc. Without explanation and interpretation of these key concepts could seldom be properly grasp the issue of abuse of dominant position. In the next section, I focus on issues describe the subject of my thesis and a dominant market position and its forms of abuse. A comprehensive interpretation of the issue greatly assists the Community case-law for this purpose I chose the most significant cases clarifying fundamental questions...
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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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Is it possible to define dominant position on the market?
Topinková, Kateřina ; Zajíček, Miroslav (advisor) ; Koubek, Ivo (referee)
This thesis aims to reveal whether it is economically meaningful to define dominant position on the market. The term "dominant position" is one of the key terms in the anti-trust legislation. Without such definition there is a significant part of the anti-trust law unfeasible. I used some cases judged by the Office for the Protection of Competition in the past ten years that involved considering dominant position issues to show how important the definition of dominant position is. On the cases it is shown that the decisions which are based on very vague basis, mostly without necessary analysis, represent the main issue of Office for the Protection of Competition. Moreover, companies are sanctioned on these questionable verdicts. The result of these issues holds that the decision making of the Office for the Protection of Competition is unpredictable and it is also dependent on different criteria than the real analysis of the market situation.
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Vertical integration - benefits and drawbacks
Čermáková, Blanka ; Buus, Tomáš (advisor) ; Krabec, Tomáš (referee)
The thesis introduces thorough analysis of current approach towards margin squeeze practice, an abuse of dominant position by vertically integrated entity. For proper categorization, definition and understanding of the basic assumptions behind the strategy of margin squeeze and its application, the paper presents necessary conceptual apparatus. Further the paper deals also with regulatory framework of abuses of dominant position, national as well as international. In the practical section the paper introduces margin squeeze strategy within telecommunication industry and its regulatory framework in the Czech republic and brings recommendations for ex-ante margin squeeze testing in relation with current European regulators policy updates following the dynamic technological development of the industry.
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Competition Law in Russian Federation
Levý, Jan ; Boháček, Martin (advisor) ; Vozáb, Jakub (referee)
The thesis deals with competition law (law on unlawful restriction of competition as well as unfair competition) in Russian Federation, it particularly compares Russian and Czech law. Its content is first a brief introduction to Russian competition law, sources of law etc. Next chapters are devoted to basic concepts of this branch of law. Law about abuse of dominant position, cartels, control of mergers, and unfair competition has been analysed. The last chapter deals with the supervision in the disucussed area.
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