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Protection of business competion - agreements interfering with competition
Šimek, David ; Horáček, Vít (advisor) ; Horáček, Tomáš (referee)
The purpose of my thesis is to analyse two issues arising out of the European and Czech competition law provisions prohibiting agreements which restrict competition. First, I shall examine the issue of distinction between prohibited agreements and allowed unilateral conduct. Furthermore, I shall explore the definition of the concerted practice as interpreted by the Court of Justice of the European Union and Czech administrative courts focusing again on the distinction between such practice and unilateral conduct. Second, I shall elaborate on the structure of Article 101 TFEU. As a consequence of the "more economic approach" taken by the Commission and the repeal of the individual exemption system under Article 101(3) TFEU, the distinction between the concept of object offences and the concept of effect offences is slowly disappearing while having detrimental implications for legal certainty. Moreover, the conceptual distinction between considerations of ancillary restraints under Article 101(1) TFEU and consideration of pro-competitive and anti-competitive effects under Article 101(3) TFEU is slowly disappearing as well. The economics take their role in the assessment, and that is also the reason why I chose this topic because I am interested in the overlap between law and economics. My thesis is...
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Protection of business competion - agreements interfering with competition
Šimek, David ; Horáček, Vít (advisor) ; Horáček, Tomáš (referee)
The purpose of my thesis is to analyse two issues arising out of the European and Czech competition law provisions prohibiting agreements which restrict competition. First, I shall examine the issue of distinction between prohibited agreements and allowed unilateral conduct. Furthermore, I shall explore the definition of the concerted practice as interpreted by the Court of Justice of the European Union and Czech administrative courts focusing again on the distinction between such practice and unilateral conduct. Second, I shall elaborate on the structure of Article 101 TFEU. As a consequence of the "more economic approach" taken by the Commission and the repeal of the individual exemption system under Article 101(3) TFEU, the distinction between the concept of object offences and the concept of effect offences is slowly disappearing while having detrimental implications for legal certainty. Moreover, the conceptual distinction between considerations of ancillary restraints under Article 101(1) TFEU and consideration of pro-competitive and anti-competitive effects under Article 101(3) TFEU is slowly disappearing as well. The economics take their role in the assessment, and that is also the reason why I chose this topic because I am interested in the overlap between law and economics. My thesis is...
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Selected legal instruments used in the enforcement process of cartel agreements
Šemora, Vítězslav ; Boháček, Martin (advisor) ; Raus, David (referee)
The focal point of the dissertation is the term of cartel, which could be described as agreements distorting competition concluded by competitors on the horizontal level of the market, and, above all, legal instruments which are used in the process of detecting and punishing cartels. In particular, the dissertation thesis deals with three of possible instruments used in the enforcement process of cartels, i.e. with dawn rides (unannounced on-the-spot inspections/investigations carried out in business and non-business premises), sanctions and sanction policies and with the leniency programs. These instruments are generally thought to be the most important and most effective tools in the enforcement process of cartels and necessary precondition of efficiency of competition law itself. In accordance with the topic, the dissertation thesis is divided into three parts. The first part is concerned with theoretical and normative definitions of agreements distorting competition and cartels. The main purpose of this part is to provide basic characteristics of these terms and to describe them in a way which will create a basement for explanation of the three legal instruments, which form the focal point of the thesis. Second, fundamental part of the dissertation, deals with commentary to selected legal instruments, mentions already above. In particular it consists of three chapters, each one dealing with one of the instruments in question. In the final part of the dissertation are introduced conclusions and evaluations of the three legal instruments and also some proposals pro futuro.
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