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The process of investigation of cartels in Czech Republic and European Union
Krocová, Denisa ; Štípek, Vladimír (advisor) ; Doležal, Ondřej (referee)
This Bachelor thesis is focused on the protection of economic competition in the area of the prohibited cartels. The theoretical part describes the role and mission of the Czech Office for Protection of Competition and European Comission, explains important terms and describes the procedure used by antitrust autority during the investigation into the cartel. The thesis explains on chat principle works leniency programme and settlement procedure. Practical part examines specific examples of cartels in the Czech Republic and the European Union. The purpose of the thesis is to evaluate the effectiveness of the procedures and tools used by the European Commission and the Office for Protection of Competition.
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Public sanctions for the agreements restricting the competition in the selected legal systems
Nováková, Tereza ; Boháček, Martin (advisor) ; Levý, Jan (referee)
The purpose of my thesis is to show the harmful effect of cartels and the need to sanction them. In particular, I am going to consider which public sanctions for the cartel participants are suitable for the Czech legal and economic environment with regard to the deterrence effect. My hypothesis is that criminal sanctions typical for the US antitrust law will not work in the Czech Republic and they should rather be replaced by another individual sanction -- disqualification of the directors who are responsible for the cartel. The combination of the corporate fines and disqualification of the directors as the individual sanction could successfully deal with the corporate governance issues resulting from the different interests of the shareholders on one hand and the managers on the other and as a result deter both sides of the relationship shareholder-manager from concluding the cartel agreement.
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Vliv kartelů na výkonnost ekonomiky
Zeklová, Pavla
The target of these thesis is evaluate overall impact of the cartels on the market efficiency and evaluate the the limitations it causes to consumers. Using the theoretical knowledge was explained the market principles, on the basis of which a case study of several revealed cartels. The results showed that the cartels have a negative impact on consumers and market.
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Comparative analysis of the legislation concerning Czech and French competition regulatory system and analysis of the relevant French legal terminology
KREJČOVÁ, Lenka
The topic of this bachelor thesis is the Comparative analysis of the legislation concerning Czech and French competition regulatory system and analysis of the relevant French legal terminology. The work is divided into a theoretical part, which presents the sources of competition law in both countries. Furthermore, this section introduces the supervisory bodies of both countries and their structure, competencies and activities. The second part is a practical part, aim of which is the comparative analysis of competition law in both countries, the comparison of legal forms of supervisory bodies as well as the comparison of their competencies. A lexical analysis of selected terms is as well made in this part.
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Monopolization of the Protective Agencies: Is the State Inevitable?
Jonáš, Josef ; Šíma, Josef (advisor) ; Běláčková, Vendula (referee)
This diploma thesis deals with the sustainability and stability of anarchy in the long run. Theories of Robert Nozick, Tyler Cowen and Randall G. Holcombe, which point to inevitable emergence of the state from the state of nature, are evaluated and compared with empirical observations of stateless societies. Proposals for the potential avoidance of state emergence despite the possible tendency of anarchy toward monopolization in the form of vertically integrated proprietary communities, remedial state and ideology are also introduced and analyzed. As result, the diploma thesis challenges the theories describing the inevitable emergence of the state and the first two proposals, which were designed to solve this problem. The role of ideology is highlighted in the conclusion as a crucial factor in achieving and maintaining anarchy in the long run.
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The Leniency programme in cartel law and its consequences in practice
Kolářová, Tereza ; Boháček, Martin (advisor) ; Vozáb, Jakub (referee)
The final thesis deals with the Leniency programme, as one of the most important instrument of the Office for the Protection of Competition and the European Commission for detecting of cartel agreements. The aim of the thesis is to analyze regulation of the Leniency programme in the Czech Republic, from the practical point of view find out how participants of cartel agreements use the programme and whether it is effective from the view of the Office for the Protection of Competition. The thesis should also involve formation and development of the programme and how it is influenced by European law. The thesis is divided into 4 parts. The first part deals with cartel agreements. The second part focuses on cartel law enforcement which is divided in term of law regulation into public and private enforcement. The third part is the core of the theoretical part of the thesis, it presents in detail the regulation of the Leniency programme within the European Union and in the Czech Republic, there are problems of the program and their possible solutions outlined as well. The fourth part concerns the practical point of view of the Leniency programme, its harmonization among the member states of the European Union and its application in the Czech Republic in decisions of the Office for the Protection of Competition.
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NIRA As A Conceptual Fallacy. The Causes of A Failure of A Corporativist Project
Máslo, Lukáš ; Tajovský, Ladislav (advisor) ; Skřivan, Aleš (referee)
In this thesis I am analyzing the causes of failure of the recovery program resulting from the National Industrial Recovery Act (NIRA) the implementation of which the National Recovery Administration (NRA) ensured. I am searching for the act's ideological roots and directions of thought which had projected themselves into it, first. Further on, I deal with the content, process of drafting and approving of the codes of fair competition, as well as the facts which were determining them. In the next part I am scrutinizing the procedures of enforcing the codes and code compliance, including the twists in development of these. For the understanding of these procedures is what I regard as necessary for grasping the increasing hostility towards the NRA of part of business. In the last two chapters I deal with the NRA's failure's causes proper. I divide these causes into, first, which I think do not result from the NIRA conception and which could have revealed themselves during any other program's implementation. And, second, which result from the legislation's real essence directly. These I am dividing, further on, into causes (defects) emanating from the NIRA just as a result of concrete historical circumstances of time and place and causes emanating from the act's conception necessarily, disregard of circumstances. My central idea, to the advantage of which I am setting forth the arguments in this thesis, is that the NIRA must have ended up unsuccessful, exactly because of the inherent problems it contained, even if there was no Supreme Court's Schechter decision. In accordance with Mises's idea of any interventionist model's necessary instability I utter the hypothesis that the NIRA had but two ways ahead of it. One led to the state before the act's passage, the other one led in the direction of central planning, in any form, which only could have, although for a short time, deal with the problems resulting from the missing inter-industrial coordination in the state of the fragmented order of market.
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The Antitrust policy of the Czech Republic and the European Union in the conclusion of the cartel agreements
Voráčková, Michaela ; Munzi, Tomáš (advisor) ; Zemplinerová, Alena (referee)
This work deals with the detecting the cartel agreement, which are closed by the companies to assure their gains. However these agreements are in many countries prohibited. Antitrust institutions guarding the competition on the markets detect and punish cartel agreements and similar efforts of companies to protect the competition. The main goal of this work is the analysis of leniency program's efficiency, which is used to detect the cartels. I examine the functioning of leniency program in Czech Republic and European Union, number of cases, successes in detecting the hard-core cartels and the differences in final fines after the judgments. Finally I summarize my knowledge information and opinions of the leniency program and the problem with cartels in general and I suggest the possible ways of improvement.
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