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Protection of Economic Competition - Agreements Violating Competition
Kianková, Lucie ; Horáček, Vít (advisor) ; Josková, Lucie (referee)
Protection of Economic Competition - Agreements Violating Competition The aim of this thesis is to investigate and analyze legal relations arising from the anti-competitive agreements according to Czech law on the one hand and according to European law on the other hand. The thesis emphasizes analysis of the relevant judicature of respective courts and public authorities because this area of law is significantly amended by the case law. The first chapter defines and specifies general terminology regarding protection of economic competition. This part provides comprehensive interpretation of the relevant legal regulations regarding anti-competitive agreements, describes the mutual relation between the terms, and points out some issues of the current legislation. In the second chapter author focuses on the issues of anti-competitive agreements and gives their analysis in terms of form, participants and their distinction. Further, this chapter includes demonstrative specification of the particular state of facts of anti-competitive agreements. The last chapter provides a detailed analysis of selected questions from the perspective of the relevant judicature of respective courts and public authorities. Author chose two cases decided by Czech courts and two European cases. The cases have been chosen...
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Arbitrability of Anti-competitive Agreements in the Law of the European Union
Pavelka, Tomáš ; Svoboda, Pavel (referee) ; Šmejkal, Václav (referee)
In the past, an Irish barrister and arbitrator James Bridgeman remarked that the arbitration of competition law is a meeting of two black arts. This perception has not changed since and yet, the adjudication of anti-competitive agreements in arbitration is an everyday event of real life. This thesis, after a brief summary of history of arbitrability of competition law, picks specific issues closely tied to current practical problems that arbitrators must face. First, whether arbitrators should consider themselves as being under obligation to raise competition issues of their own motion (ex officio) during arbitration proceedings, secondly, whether national courts of the EU Member States must automatically set arbitral awards in breach of competition rules aside and thirdly, whether arbitrators are in a good position to address complex antitrust questions properly and whether they can receive some help from the official competition authorities entrusted with primary enforcement of antitrust law. Mainly EU law will be covered here albeit with few brief excursions into particular problems of national law of the Czech Republic, to which this thesis endorses relevant solutions.
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Cross-border Anti-competitive Agreements
Tupá, Kristýna ; Pauknerová, Monika (advisor) ; Rozehnal, Aleš (referee) ; Zahradníčková, Marie (referee)
1 ABSTRACT Cross-border Anti-competitive Agreements Functional market mechanism, as an essential element of a market economy, is a prerequisite for the economic prosperity of advanced democratic states. A completely crucial element of its functionality is free competition, the protection of which is regulated by competition law. However, competition does not apply consistently across all sectors. In this thesis I focuse on its application within the financial services area. This sector`s nature is very specific because we must always strive to maintain financial stability when implementing any measures. How should legislation respond to these aspects respond and how should the competition policy itself be shaped? Is regulation of this area necessary or does the competition intself represent a thread to the financial stability of the system? In order to fully understand the specifics of this area, it is firstly necessary to become familiar with the economic aspect of competition law and the nature of these white-collar crimes. Consequently, I will focus on the application of the competition law on financial services, taking into account new technologies and their influence on the structure of this market. The impact of competition on the banking sector is one of the core parts of this thesis. Based on an...
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Protection of Economic Competition - Agreements Violating Competition
Kianková, Lucie ; Horáček, Vít (advisor) ; Josková, Lucie (referee)
Protection of Economic Competition - Agreements Violating Competition The aim of this thesis is to investigate and analyze legal relations arising from the anti-competitive agreements according to Czech law on the one hand and according to European law on the other hand. The thesis emphasizes analysis of the relevant judicature of respective courts and public authorities because this area of law is significantly amended by the case law. The first chapter defines and specifies general terminology regarding protection of economic competition. This part provides comprehensive interpretation of the relevant legal regulations regarding anti-competitive agreements, describes the mutual relation between the terms, and points out some issues of the current legislation. In the second chapter author focuses on the issues of anti-competitive agreements and gives their analysis in terms of form, participants and their distinction. Further, this chapter includes demonstrative specification of the particular state of facts of anti-competitive agreements. The last chapter provides a detailed analysis of selected questions from the perspective of the relevant judicature of respective courts and public authorities. Author chose two cases decided by Czech courts and two European cases. The cases have been chosen...
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Arbitrability of Anti-competitive Agreements in the Law of the European Union
Pavelka, Tomáš ; Svoboda, Pavel (referee) ; Šmejkal, Václav (referee)
In the past, an Irish barrister and arbitrator James Bridgeman remarked that the arbitration of competition law is a meeting of two black arts. This perception has not changed since and yet, the adjudication of anti-competitive agreements in arbitration is an everyday event of real life. This thesis, after a brief summary of history of arbitrability of competition law, picks specific issues closely tied to current practical problems that arbitrators must face. First, whether arbitrators should consider themselves as being under obligation to raise competition issues of their own motion (ex officio) during arbitration proceedings, secondly, whether national courts of the EU Member States must automatically set arbitral awards in breach of competition rules aside and thirdly, whether arbitrators are in a good position to address complex antitrust questions properly and whether they can receive some help from the official competition authorities entrusted with primary enforcement of antitrust law. Mainly EU law will be covered here albeit with few brief excursions into particular problems of national law of the Czech Republic, to which this thesis endorses relevant solutions.
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Arbitrability of anti-competitive agreements in the law of the European Union
Pavelka, Tomáš ; Svoboda, Pavel (advisor) ; Šmejkal, Václav (referee)
In the past, an Irish barrister and arbitrator James Bridgeman remarked that the arbitration of competition law is a meeting of two black arts. This perception has not changed since and yet, the adjudication of anti-competitive agreements in arbitration is an everyday event of real life. This thesis, after a brief summary of history of arbitrability of competition law, picks specific issues closely tied to current practical problems that arbitrators must face. First, whether arbitrators should consider themselves as being under obligation to raise competition issues of their own motion (ex officio) during arbitration proceedings, secondly, whether national courts of the EU Member States must automatically set arbitral awards in breach of competition rules aside and thirdly, whether arbitrators are in a good position to address complex antitrust questions properly and whether they can receive some help from the official competition authorities entrusted with primary enforcement of antitrust law. Mainly EU law will be covered here albeit with few brief excursions into particular problems of national law of the Czech Republic, to which this thesis endorses relevant solutions.
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