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The leniency programme in the european and czech cartel law
Tučková, Zuzana ; Svoboda, Pavel (advisor) ; Šmejkal, Václav (referee)
The aim of this thesis is to introduce the concept of the leniency programme and to describe its development and current legal regulation in the European Union and the Czech Republic, to evaluate its rules, its effectiveness and morality. The thesis also explores the relationship between leniency programme and other instruments in antitrust law enforcement. Leniency programme lies in granting full or partial immunity from sanction to the member of a cartel that reports the existence of this cartel to the antitrust authority. The thesis describes the key features of an effective leniency programme and compares these general postulates with real facts from the practise of the European Commission and the Office for the Protection of Competition. The thesis continues with pointing out the differences between European Commission notification issued in the years 1996, 2002 and 2006 and it describes how the programme works nowadays. It also focuses on the cases in which the Commission used the leniency programme. It also deals with the issue of European Competition Network and its Model Leniency Programme. Then it describes the leniency programme in the Czech Republic and the decisions by the Office for the Protection of Competition on the basis of leniency application. The comparison of Czech and...
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Protection of Economic Competition - Agreements Distorting Competition
Káchová, Markéta ; Horáček, Vít (advisor) ; Eichlerová, Kateřina (referee)
Protection of Economic Competition - Agreements Distorting Competition The topic of this thesis is agreements distorting economic competition, traditionally referred to as cartels. Cartels are various forms of explicit and implied agreements among participants in economic competition which are capable of affecting the competition in a negative way and result not only into damaging other competitors, but also mostly into damaging the consumers. The main purpose of this thesis is to present a comprehensive view on the issues of agreements distorting economic competition from the point of the Czech and European substantive legal regulation and take into account some aspects of their practical assessment. Another purpose was to evaluate the alternatives of sanctioning of the prohibited agreements, both public enforcement and private enforcement of claims of the subjects that suffered loss resulting from the agreements. A partial purpose was to suggest possible future regulation of chosen areas. Chapter One is an introduction and includes delimitation of aims of the thesis. Chapter Two deals with the essence of the agreements and the concept itself. It also explains briefly, which particular impacts can these agreements practically have. Chapter Three delimits the boundary between the illegal cartel...
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Protection of Economic Competition - Agreements Violating Competition
Samek, Jiří ; Horáček, Vít (advisor) ; Pelikán, Robert (referee)
1 Abstract - Protection of Economic Competition - Agreements Violating Competition Agreements distorting competition are quite dangerous for the goals of competition law and it is necessary to search for them, find them and punish them. Therefore, the goal of this thesis was to provide a complex explanation of the issue of prohibited agreements from the point of view of Czech and European competition law. Relatively brusque diction of primary sources of law is typical for competition law and for the regulation of prohibited agreements. For this reason a large area of law is left to the case law of the Court of Justice of the European Union and also for national courts in administrative judiciary. The thesis has in mind also the importance of the soft law which serve as a manual of the approach of the European Commission and the Office for the protection of competition which leads to a higher level of legal certainty. First chapter is dedicated to the explanation of basic terms of economic competition and of competition law. The largest space is given to the definition of the Czech term "competitor" and its European equivalent "undertaking". This chapter also explains relevant market and the matter of relationship between Czech and European competition law. The whole second chapter is dedicated to the...
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Cartels in the field of public procurement
Maturová, Veronika ; Boháček, Martin (advisor) ; Levý, Jan (referee)
The thesis deals with cartels in the field of public procurement. The aim of this thesis is to justify the need for prevention and legal regulation of cartels and to assess the effectiveness of the current legislation in the fight against bid rigging. The author will evaluate the impact of selected instruments for the prevention and detection of cartels in the field of public procurement and will assess which one is the most effective. At the end of the thesis recommendations will be proposed to prevent the emergence of cartels in the field of public procurement.
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Cartels and Leniency program
Kašparová, Kristýna ; Boháček, Martin (advisor) ; Hubková, Pavlína (referee)
The final thesis deals with cartels and Leniency program, which is considered an effective tool for the detection of prohibited horizontal agreements. The aim of the thesis is to evaluate the effectiveness of Leniency program in the Czech Republic. At the beginning of the work I focus on cartel in legal and economic terms, then on forms and types of horizontal agreements, the so called hard-core cartels, which can apply the Leniency program. The intention of this work is legal, functional and historical analysis of Leniency program from the beginning to the present, emphasizing the changes that lead to greater efficiency in the use of this investigative tool and related problem areas eg. the criminalization of cartels, private enforcement of competition law and settlement procedure. In the end of the thesis I evaluate the Leniency program's effectiveness based on statistical data and especially the presentation of the most important cases in which this institute was applied, demonstrating its irreplaceable role in the detection of horizontal agreements by the Office for the Protection of Competition.
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The Emergence of Cartels in the Czech Lands Hop Production, 1890-38
Pojar, Vojtěch ; Kubů, Eduard (advisor) ; Šouša, Jiří (referee)
In the 19th and 20th centuries, the Czech lands were among the largest hop-growing regions in the world. Hop products became, in the interwar period, one of the crucial agricultural export goods of the Czechoslovak economy. This study aims to draw attention to the process of emergence of cartels in this particular branch of agricultural production. It traces the attempts to organize the industry by means of cartels from their very beginning in the late 19th century until the dissolution of Czechoslovakia in 1938. As a point of departure, it takes the assumption shared by many theoreticians of industrial organization who argue that the given structure of the industry to some extent pre-determines the ways how the cartels emerge and the particular forms they assume. These institutions, however, might in turn reshape the structure of the industry. The analysis indicates that the cartels in the hop industry were essentially 'children of opportunity' and their emergence was rarely correlated with an economic crisis. Even though the industry gave rise also to international collusive structures, the cartels in the hop industry were essentially unstable and weak and in most cases, the attempts to create them failed. Present study challenges the belief, widely held in the scholarship on cartels in the Czech lands,...
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U.S. policies to combat Mexican drug trafficking organizations
Vajda, Jan ; Střítecký, Vít (advisor) ; Ludvík, Zdeněk (referee)
This master thesis deals with policies of United States of America in combat against Mexican drug cartels, which are responsible for overwhelming majority of drugs flowing into USA. Although huge demand for drugs by U.S. citizens is crucial aspect in a long-term, this work put emphasis on immediate solutions, which would weaken the general position of cartels and therefore limit the flow of drugs into the country. Drug cartels are perceived as transnational criminal organizations a research aims to find out whether USA acknowledge this fact and whether they adapt their policies. The subjects of this research are two documents - cooperation with Mexico under the Mérida Initiative and U.S. Strategy to Combat Transnational Organized Crime. Threats of organized crime and goals in fight against it presented in these two documents serve as reference points and basis for evaluation of U.S. actions.
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Detection and survival analysis of cartels. Evidence from the European Union
Blšťáková, Hana ; Vacek, Pavel (advisor) ; Serdarevič, Goran (referee)
- cz Tato práce se zabývá analýzou antimonopolní politiky se zaměřením na kartelové dohody v Evropské unii. Cox·v model proporcionálních rizik je v rámci této práce použit pro predikci proměnných, které ovlivňují trvání a stabilitu kartel·. Tyto proměnné jsou rozděleny do následujících skupin. Velikost a vnitřní struk- tura kartelu, charakteristika účastník· kartelové dohody, ukazatele vnějšího prostředí na trhu, vnitřní kontrolní mechanismy a proměnné, určující účin- nost antimonopolní politiky. Pro účely této práce byl sestaven data set, který zahrnuje kartely soudně stíhané Evropskou komisí v období mezi lety 1990 a 2004. Tato práce navíc obsahuje přehled detekčních metod. Zahrnuje jak metody, které jsou v současnosti aktivně využívány Evropskou komisí za účelem detekce kartel·, tak i nové metody, tzv. screeningové metody trh·, které mohou do budoucna přispět k efektivnějšímu procesu detekce. Screeningové metody se zabývají zkoumáním reálných tržních proces· a hledají znaky koluzního chování. Součásti této práce je mimo jiné i analýza politiky shovívavosti a její dopad na životnost kartel· a na délku administrativních proces·. Očekávaným přínosem této práce je poskytnutí uceleného přehledu detekčních metod a proměnných, které ovlivňují životnost a stabilitu kartel·. 1
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Protection of Economic Competition - Agreements Violating Competition
Samek, Jiří ; Horáček, Vít (advisor) ; Pelikán, Robert (referee)
1 Abstract - Protection of Economic Competition - Agreements Violating Competition Agreements distorting competition are quite dangerous for the goals of competition law and it is necessary to search for them, find them and punish them. Therefore, the goal of this thesis was to provide a complex explanation of the issue of prohibited agreements from the point of view of Czech and European competition law. Relatively brusque diction of primary sources of law is typical for competition law and for the regulation of prohibited agreements. For this reason a large area of law is left to the case law of the Court of Justice of the European Union and also for national courts in administrative judiciary. The thesis has in mind also the importance of the soft law which serve as a manual of the approach of the European Commission and the Office for the protection of competition which leads to a higher level of legal certainty. First chapter is dedicated to the explanation of basic terms of economic competition and of competition law. The largest space is given to the definition of the Czech term "competitor" and its European equivalent "undertaking". This chapter also explains relevant market and the matter of relationship between Czech and European competition law. The whole second chapter is dedicated to the...
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The War on Drugs in American Think Tanks
Faltys, Jan ; Kozák, Kryštof (advisor) ; Schulzová, Helena (referee)
This thesis focuses on current situation in the USA that revolves around the legalization of marijuana from the perspective of American think tanks also known as policy institutes. The aim was to compare approaches of these institutions which differ from each other in their ideological background as well as in their proposed solution. It was necessary for a complex analysis to cast light on the institution of think tanks, their history and influence on lawmaking. Four different groups of think tanks were chosen - libertarian, conservative, centrist and liberal/progressive. It was found out that their impact is hard to measure but they certainly do have some impact. Individual think tanks propose different drug policies from legalization to decriminalization to preservation of current situation and not even two think tanks in the same ideological group share the same opinion.
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