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Protection of competition in selected liberalized network industries: the case of rail and air transport in the EU
Mohylová, Aneta ; Šmejkal, Václav (advisor) ; Kunertová, Tereza (referee)
(EN) This thesis deals with the EU competition law enforcement in the transport sector towards private undertakings. Specifically, air and rail transport are focused at as they represent convenient examples on which it can be demonstrated how the EU manages to cope with the liberalization process and apply the competition rules to these sectors. The main research question of the thesis is what specific features can be observed in the decision making of the Commission and Court of Justice of the EU regarding the competition rules in the transport sector, specifically air and rail industry. This thesis is structured as follows. In total, it includes six chapters, introduction, four main chapters and the conclusion. The first main chapter is devoted to the EU transport policy as the goals of the transport policy, the liberalization process and its main characteristics are described. Specifically, the main milestones in the creation of single European transport policy in the transport sector are presented and the main obstacles in the liberalization process in the airline and rail sector are discussed. Moreover, the chapter also deals with the relationship of ex ante regulation and ex post competition rules. The second chapter focuses on the analysis of the competition rules enforcement in the air...
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Criteria for the definition of a full function joint venture in decision-making of the Commission
Apollonova, Elena ; Svoboda, Pavel (advisor) ; Šmejkal, Václav (referee)
- Criteria for a definition of a full function joint venture in the decision-making of the Commission This thesis focuses on the progress in the Commission's approach towards full functioning joint ventures and on criteria for their determination. A full functioning joint venture is a joint venture type that fulfils criteria given by the Commission of the European Union - joint control and full functioning, that consists of functional autonomy, lasting basis and resources. The first, inductive part provides a short joint venture typology and explains ways by which the European law regulates those concentrations. The second part of the thesis serves as a necessary historic excursus to the progress in the European Union Commission's view on cooperative and concentrative concentrations and its goal is to clarify on the basis of which factors and how this approach has developed from 1968 to the present. The third, main, part of the thesis is an analysis of particular full functioning joint venture determination criteria. Each criterion is analysed separately with regards to specialised publications, regulations, reports and directives, especially by analysing European Union Commission's rulings, as the result of the application of the approach towards full functioning joint ventures by the European...
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SAP Reporting with the Use of In-memory Database
Smejkal, Václav ; Klusák, Aleš (referee) ; Luhan, Jan (advisor)
The master's thesis deals with the in-memory database SAP HANA which keeps all data directly in main memory with the use of column-oriented data layout. Practical part of the thesis consists in development of application in SAP R/3 environment, with which performance of the in-memory database SAP HANA and the traditional database MaxDB is compared, including influence of used data layout. The results show that the in-memory database is advantageous especially for analytical operations based on aggregate functions.
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Rules Governing Athletes' Eligibility in National Teams in the Context of European Union Law
Exner, Jan ; Kunertová, Tereza (advisor) ; Šmejkal, Václav (referee)
Rules Governing Athletes' Eligibility in National Teams in the Context of European Union Law J. D. Thesis Resumé - Abstract: This J. D. thesis's central research question asks where the balance between international sporting governing bodies' interests and values enshrined in rules regarding sporting nationality on one hand, and athletes' rights under EU law on the other hand, lies. This J. D. thesis's conclusions stem from the hypothesis that certain rules governing athletes' eligibility in national teams constitute a disproportionate restriction on the rights that athletes derive from EU law as EU citizens, workers, providers of services, self-employed persons and/or undertakings. I submit that international sporting governing bodies and EU law can co-exist under a promising alliance, which is very desirable since the decisions of EU bodies and institutions clearly influence the global sporting scene. I show that EU bodies and institutions take into account the specific nature of sport, respect sports organisations' legal autonomy and limit themselves in interfering with sporting rules only as long as they breach athletes' rights under EU law. Moreover, EU bodies and institutions' decisions contain a valuable set of principles and instructions for international sporting governing bodies on how to better...
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Commitment Decisions in EU Competition Law
Rott, Martin ; Šmejkal, Václav (advisor) ; Svobodová, Magdaléna (referee)
Regulation 1/2003 empowers the European Commission to issue a decision, by which it makes commitments offered by the parties to the proceedings legally binding. Although being an alternative to the prohibition decision, it has become a predominant type of decision the Commission uses to tackle various antitrust issues, save from the area of secret cartels. This thesis primarily focuses on the effectiveness of commitment decisions, exploring various features contributing thereof. The first chapter outlines the main changes to the enforcement of EU competition law brought by Regulation 1/2003. The second chapter provides a necessary background for the subsequent analysis by introducing the legal framework for the adoption of commitment decision, followed by an explanation of the importance of effectiveness in public enforcement of EU competition law. The fourth chapter analyses effectiveness of the commitment procedure, which is narrowed down to the quickness of the procedure leading to the adoption of the final decision. The author observes that the procedure provides for more rapid resolution of cases, but it contains various drawback negatively affecting the quickness of the procedure. The fifth chapter is devoted to the enhanced effectiveness of commitments, mainly in comparison to remedies which...
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Collective actions in private enforcement of competition law
Jahn, Martin ; Šmejkal, Václav (advisor) ; Kunertová, Tereza (referee)
in English This master's thesis is concerned with collective redress mechanisms in the area of competition law of the European Union. Taking into account the ongoing modernization of private enforcement of competition law, the European Commission had decided to create a complementary system of collective and representative actions. Implementation of such instruments was recommended by the European Commission in Commission Recommendation of 11 June 2013 on common principles for injunctive and compensatory collective redress mechanisms in the Member States concerning violations of rights granted under Union Law. The main research question of this thesis is whether the European Commission has taken a wise approach towards collective redress mechanisms by creating the complementary system of collective redress, using the opt-in mechanism. This master's thesis is divided into 5 main chapters. In the first chapter, the readers are introduced to the topic of enforcement of competition law in the European Union. Further, the main research question is laid down, followed by the sources and methodology used in this thesis. The second chapter shortly describes each way of enforcement of competition law in the European Union. It aims mainly at describing private enforcement of competition law, as it forms the...
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Forms of abuse of Dominance in the Area of the Internet Platform
Čížek, Ondřej ; Šmejkal, Václav (advisor) ; Vondráčková, Aneta (referee)
Forms of abuse of dominance in the area of the Internet platforms The thesis is dedicated to the topic of abuse of dominant position in the area of the Internet platforms. Its aim is, firstly, to outline the challenges arising from the specific nature of the area, which might, from the competition-authorities' point of view, complicate the enforcement of competition law in the case of abuse of dominance. Secondly, the thesis tries to find the answer on the question to what extent these problems have been reflected in the existing decision-making practice. The structure of the thesis is divided into four main parts. The first part is an introduction. The second part provides an essential introduction to the area in question. It defines the term "Internet platform", provides an overview of the most important types of the Internet platforms and describes the specifics of the area in question, whose description is essential for the following parts. The third part analyses the problems that competition law may face in the context of possible abuse of dominance within the meaning of Art. 102 TFEU in the area of the Internet platforms. This section is divided according to three basic steps of a competition analysis of abuse of dominance, i.e. definition of the relevant market, the determination of market...
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State Aid and Financing of Transport Infrastructure under the EU law
Albrecht, Patrik ; Šmejkal, Václav (advisor) ; Svobodová, Magdaléna (referee)
This diploma thesis deals with state aid and financing of transport infrastructure under the EU law. The main aim of the thesis is to answer the question, whether the financing of transport infrastructure is a state aid and if it so, would it be compatible with the internal market. Member States have to ask these questions while they are deciding whether they should use public funds for specific infrastructural project in transportation industry. The thesis is divided into two main parts. In the first part author is focused on airport transportation industry, which has been liberalized since early 90's of 20th century. Thanks to the market opening the completion came in and Commission started to control financing of airport infrastructures. Airports were no longer recognized as an infrastructural facilities and their operators were found as an undertaking in the sense of competition judicature. That is why the first chapter is dealing with the historical excursus of state aid law in the field of aviation infrastructure. The author describes the fundamental decisions of Commission and the Court of Justice of the European Union; a great focus is placed on analysis of the decision on the Leipzig- Halle case. In the third chapter of the first part, there is a deep analysis of the relevant documents...
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The specifics of interpretation and application of the European union competition law in relation to patents: limitation of patent rights by the "essential facility doctrine" in the U.S. antitrust and E.U. competition law
Přibil, Stanislav ; Šmejkal, Václav (advisor) ; Dobřichovský, Tomáš (referee)
The relationship between competition law and intellectual property (IP) rights is often viewed as adversarial. Competition law strives to maintain effective competition as a way of achieving effective allocation of resources and thereby contributing to consumer welfare. IP rights, on the other hand, provide the IP holder with a legal monopoly for a limited period of time, which shield the IP holder from competition. Although the ultimate goal of competition law and IP rights is to contribute to consumer welfare, the methods used to achieve this goal - creating a monopoly on the one hand and maintaining competition on the other hand - seem to be in conflict. This thesis examines the interaction between competition law and patent rights. In particular, it considers whether patent rights can be restricted by the "essential facility doctrine", both under US antitrust law and EU competition law. The essential facility doctrine (EFD) was developed in US jurisprudence as a type of monopolization claim under Section 2 of the Sherman Act. The doctrine has four elements: (1) control of an essential facility by a monopolist, (2) a competitor's inability to practically or economically duplicate the facility, (3) denial of use of the facility to the competitor, and (4) feasibility of providing access to the...
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The Enforcement of EU Competition Law and Its Compliance with The Right to Fair Trial
Bartoš, Vojtěch ; Šmejkal, Václav (advisor) ; Kunertová, Tereza (referee)
The Enforcement of EU Competition Law and Its Compliance with the Right to Fair Trial - the Abstract: The EU is a community based on common values among which the prime role is played by fundamental rights. One of the most important rights which serves also as a vehicle for the protection of other rights is the right to fair trial. That is valid also for the specific field of EU competition law. The European Commission issues in competition proceedings sanctions which are of criminal nature. Such sanction must be either imposed or at least reviewed by an independent court or tribunal with a full jurisdiction. This is a doctrine developed by the ECtHR in Strasbourg under art. 6 of the Convention and it has been well established in its case law for decades. Since the Commission itself is not an independent court or tribunal, its decisions must be reviewed by the ECJ which must exercise the full jurisdiction over the decisions in question. In the past the ECJ was criticised that it did not possess or exercise the full jurisdiction by which it failed to safeguard the standard of fair trial. Although the ECJ accepted the line of case law on criminal nature of Commission's decisions, at times it was indeed rather hesitant to review fully the parts of the decision where the Commission assessed the factual...
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