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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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Abuse of a Dominant Position in the Czech and EC Law
Šimandlová, Michaela ; Boháček, Martin (advisor) ; Jakl, Ladislav (referee)
Práce srovnává platnou právní úpravu ČR a ES jedné z oblastí ochrany hospodářské soutěže - dominantního postavení na trhu a jeho zneužití. Vysvětluje zákonem používané pojmy a zaměřuje se na rozbor jednotlivých skutkových podstat zneužití dominantního postavení ve vztahu k právu komunitárnímu. Dále jsou v práci navrženy některé změny českého zákona o ochraně hospodářské soutěže, aby lépe odpovídal právu ES.
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