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Abuse of Dominant Position in the ICT Sector: A European Perspective
Malkovský, Michal ; Patěk, Daniel (advisor) ; Horáček, Vít (referee)
Abuse of Dominant Position in the ICT Sector: A European Perspective Abstract The concept of abuse of dominant position refers to business practices in which a dominant market player may engage in order to maintain or strengthen its position in the market, and are prohibited under Article 102 of the Treaty on the Functioning of the European Union. This master's thesis provides insight into theory and decisional practice of abuse of dominant position within the EU with particular focus on the area of information and communication technologies (ICT). The ICT industry belongs among the fastest developing, with many new powerful market players emerging, often creating entirely new markets for themselves. This is where a potential risk for an abuse of dominance occurs and why many of the breakthrough cases in the previous years have been related to this sector. Since not only their products but also their business models are innovative, the competition policy must advance accordingly. This thesis firstly introduces the economic background and the policy objectives of contemporary EU competition rules. It is followed by a step-by-step examination of the assessment on the position of the investigated firm in the relevant market and the legality of the practice in question. Highlighted are the aspects which have...
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Chinese Antimonopoly Law in the Light of Competition Law of the European Union : Comparative Perspective
Dufková, Barbara ; Šmejkal, Václav (advisor) ; Tomášek, Michal (referee)
Chinese Antimonopoly Law in the Light of Competition Law of the European Union: Comparative Perspective. The subject of the thesis is the comparative analysis of Chinese antimonopoly law and competition law of the EU. The thesis aims to identify the traces of the competition law of the EU in Chinese antimonopoly law as well as analyze transplanted legal concepts, in order to determine, whether these concepts are endowed with the same normative reach. The first part of the thesis provides brief introduction into the history of antimonopoly law in PRC. Following chapters analyze relevant parts of AML and implementing regulation, which are after short description of the corresponding arrangement in European law compared with the latter. General principles and definitions, which are applicable in all pillars of competition law, are dealt with in the first place. Further the analysis of the agreements restricting competition, abuse of dominance, as well as mergers of undertakings follows. With regard to the importance of effective application of antimonopoly law in practice, a short chapter is also devoted to the role of courts in implementation of antimonopoly law in PRC. The closing part sums up the pillars of competition law, which have been built on the model of the competition law of the EU and...
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Evaluation of the Office for Protection of Competition Decisions Regarding Abuse of Dominance with an Effects-Based Approach
Hruban, Jiří ; Vacek, Pavel (advisor) ; Matoušek, Jindřich (referee)
The bachelor thesis evaluates decisions of the (Czech) Office for the Protection of Competition (OPC) in abuse-of-dominance cases with an emphasis on its impact on consumers. The first part briefly summarises available effects-based approaches to abuse of dominance. The second part analyses five particular cases that were decided by the OPC. The author points out several recurring weaknesses of the OPC's economic reasoning. In some instances, the OPC seems to be using selective economic argumentation only to support the result at which it arrived by intuition. Economic evidence is thus interpreted with respect to the pre-defined conclusion; it is not investigated unbiasedly, and resulting justification is unsound. Although the OPC knows a wide variety of tools for economic analysis, it is sometimes unable to identify the situations at which individual tools should be applied. Keywords Office for the Protection of Competition, competition, abuse of dominance, antitrust, effects- based approach, market power, case studies HRUBAN, Jiří: Evaluation of the Office for Protection of Competition's Decisions Regarding Abuse of Dominance with an Effects-Based Approach. 56 p. Bachelor thesis. Charles University, Faculty of Social Sciences, Institute of Economic Studies. Supervisor: Pavel Vacek.
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Protection of business competition - Abuse of dominant position
Kramářová, Monika ; Horáček, Vít (advisor) ; Čech, Petr (referee)
Protection of business competition - Abuse of dominant position The main objective of this thesis is a comprehensive analysis of the term "abuse." In a wider complex, thesis deals with a question of the present aim and prevailing method of application of provision 102 TFEU in order to find out whether and if yes, to what extent is current approach compatible with the modernization process of the application of article 102 TFEU declared by the Commission. Thesis deals with a question whether decisional practise is capable to react on a challenge made by so called new economy sector. Thesis consists of five substantial chapters. The first chapter sums up historical development of the 102 prohibition in Europe and USA law with a particular focus on the objective behind the text of the relevant provisions and decisions and its changes in time. The second chapter zooms to modernization process in relation to Art. 102. The central chapter analyses in detail the features of the general definition of an abuse arising from the decision of Hoffmann-La Roche, namely: i) a special responsibility of the undertaking; ii) the objective nature of the abuse and the effect of conduct on competition; iii) competition on the merits. An analysis of the concept of anticompetitive foreclosure follows. The concept of...
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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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Abuse of dominant position in Czech law and European law
Peták, Šimon ; Černá, Stanislava (advisor) ; Patěk, Daniel (referee) ; Kindl, Jiří (referee)
This paper analyzes regulation of abuse of dominant position under the law of the European Union and under the Czech law. Both the European and Czech competition laws are not only very similar, as the Czech Act on Protection of Competition is inspired by the European competition law, but after the so called modernization of the European competition law, including the decentralization of its enforcement, the Czech authorities are entitled (and obliged at the same time) to apply the European competition law. Given the special relation between the two legal orders, this paper does not attempt to compare the two, but rather to analyze them it their mutual relation, which is the basic view for the submitted analysis. Firstly, a basic introduction to the problems of competition economics is presented, including characteristics of the basic functions and principles thereof. An explanation of the economic background and different models of competition follows, particularly of those important for understanding the specifics of dominant undertakings' behaviour and motivation. Models of monopoly, oligopoly and monopolistic competition are briefly described in opposition to the model of perfect competition and also some other important approaches to this issue are addressed, including the basic views of the...
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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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Abuse of the Dominant Position by Prohibited Pricing Activities
Mikeš, Stanislav ; Patěk, Daniel (advisor) ; Eichlerová, Kateřina (referee)
Abuse of the Dominant Position by Prohibited Pricing Activities Abstract This thesis analyzes selected pricing practices of dominant undertakings namely predatory pricing, margin squeeze and excessive pricing. These practices may, under certain circumstances, constitute an abuse of the dominant position. The aim of the thesis is to focus on problematic aspects of each of these practices, on explanation of various legal and economic tests used to prove that certain pricing policy constitutes an abuse of dominant position and on the description of conditions that have to be met in order to consider such practice contrary to the competition law of the Czech Republic and the European Union. The thesis is composed of four chapters. In Chapter One a brief introduction to the competition law itself and to the analyzed matter is given. Chapter Two describes basic terminology used when dealing with cases of abuse of a dominant position such as basic legal concept of the abuse itself, definition of an undertaking and a competitor according to the EU law and the Czech law respectively, delimitation of a relevant market and finally definition of a dominant position. Chapter Three is oriented on the selected pricing practices of dominant undertakings. This Chapter is subdivided into three parts each of which is dealing...
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The Protection of Economic Competition with Special Regard to Pricing
Cejpek, Jan ; Horáček, Vít (advisor) ; Eichlerová, Kateřina (referee)
Legal rules protecting the economic competition against abusive pricing practices are traditionally part of the public branch of competition law. Sensitive drafting of the law by legislator or the prudence of law interpretation by the competition authority or the court in the specific case predetermines the companies` willingness to develop dynamically on the relevant market. Legislation of the poor quality prospectively misleading decisional practice can lead in two extreme situations; on one side unlimited freedom for the dominant company, on the other side unfounded and excessive sanctions, which distract the companies` ambitions to achieve excellence. The topic - The Protection of Economic Competition with Special Regard to Pricing - is dealt in five chapters of the thesis. The aim of the paper is to analyze substantial components in each price form of abuse, solve the relevant questions of law with regard to case study concerning both the European and the Czech context and consider where the development of this law field currently results in. The methodology is mainly based on the comparative and critical research of the decisional practice. Chapter One surveys predatory pricing. It contains passage on the price-costs test, which is the major issue also for the following chapters of the study....
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Doctrine of essential facilities under Czech and European Law
Tomis, Martin ; Horáček, Vít (advisor) ; Eichlerová, Kateřina (referee)
Doctrine of essential facilities under Czech and European law "Essential facilities doctrine" is a term used to describe a set of rules concerned with a dominant undertaking refusing to supply a crucial resource, over which it holds an exclusive control, to its competitors who need the resource to remain in business. This thesis focuses on the doctrine's applications in the context of an abuse of a dominant position, but the role the doctrine plays in regulation of network industries is mentioned as well. The main goal of the thesis is to define conditions under which the owner of the crucial resource - described as "an essential facility" in the thesis - abuses his dominant position by refusing to supply a competitor who is willing to pay a reasonable price for such access. The method primarily used to achieve the goal is a careful analysis of primary legal sources accompanied by studies of the relevant literature. The opinions and conclusions expressed in the afore-mentioned sources are critically evaluated by the thesis's author who presents his own opinions and tries to justify them by legal arguments. Chapter One explains some specific terms used in the text. Chapter Two describes a conflict between two core principles that have to be evaluated when the rules of mandatory access are defined or...
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