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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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Legalizace marihuany jako způsob řešení drogového konfliktu v Mexiku
Toufar, Daniel
This thesis deals with the topic of marijuana legalization as a possible way of resolving the conflict in Mexico. The paper uses demand and supply methods to estimate the size of the drug market, a comparative analysis of existing studies dealing with this issue and analyze the available indicators to determine the success of repressive strategies. The main objective is to determine the possible impact of legalizing marijuana on revenue of Mexican cartels, the level of violence in the country, and finally the social implications that are associated with it. The paper also outlines the historical development of a global approach to the drug problem with a particular emphasis on the evolution of the political discourse on the issue of legalization in the US and Mexico which have been sharing the consequences associated with drug trafficking.
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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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Cartels in Cement Industry 1900- 1938
Gecko, Tomáš ; Kubů, Eduard (advisor) ; Láník, Jaroslav (referee)
The thesis aims to understand the development of cement market in Cisleithanien and Czechoslovakia and its cartelization. The subject of research is the organization of cement cartels and it's role as a structure which influences the functionality of the market, related industries and national economic policy (tarrifs, export and import restrictions and state's contracts). The thesis focuses on the abilities of the cement cartels how they control the market and affect customers. The thesis is limited by the year 1900, when the first cement cartels emerged, and the years 1938-1939, during which the significant economical and legal change occurred. Powered by TCPDF (www.tcpdf.org)
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Leniency programme in competition law
Duch, Martin ; Horáček, Vít (advisor) ; Klee, Lukáš (referee)
This thesis deals with a legal framework of leniency programme. The program provides imunity or fine reduction from government penalties to the first member of a cartel in exchange for cooperation. The aim of the thesis is to evaluate effectiveness and functioning of the Czech and European leniency program, effects in practice and current challenges the program is facing. In introduction thesis deals with general requirements for an effective leniency program, further with development of the program in the EU and the Czech Republic with focus on progress towards more efficient, transparent and attractive system and application practice of the Commission, and. Office for Protection of Competition. It briefly introduces the European Competition Network and Model Leniency programme. Another part deals with the private enforcement of competition law in context of the current case law concerning access to the file and protection of leniency materials.
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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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