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Ekonomické aspekty vertikálních kartelů
Hajduch, Tomáš
Hajduch, T. Economic aspects of vertical cartels. Diploma thesis. Brno: Mendel University, 2021. This diploma thesis deals with economic aspects of vertical cartels, their affection of market and competition. The aim of this thesis is to define a vertical cartel, identify its specifics and evaluate the effectiveness of the antitrust policy of the Office based on issued decisions of the Office for the Protection of Competition to. The thesis discusses the law regulation of the cartel, its economic features and motivation to its establishment a vertical cartel. It is also proposed under what conditions the cartels could cooperate with the Office.
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Leniency programme as a fair tool of EU competition law
Svoboda, Michael ; Šmejkal, Václav (advisor) ; Říha, Michal (referee)
Leniency programme as a fair tool of EU competition law Abstract This diploma thesis addresses the question whether the Commission's leniency programme respects the fundamental rights and principles protecting undertakings from abuse of power by the Commission, in other words whether the Commission's leniency programme is fair and proportionate. After a general introduction to the conditions of the Commission's leniency programme, the diploma thesis analyses the relationship of the leniency programme to the various fundamental rights and principles - namely the principle of legal certainty and legitimate expectations, the principle of equal treatment and the right to a fair trial. These particular rights and principles have been selected because they appear to be the most relevant with respect to the specifics of the leniency program. In relation to the principle of legal certainty and legitimate expectation, the focus is on the hypothetical application and marker application, the evidence required to obtain immunity, evidence with significant added value, the conditions of cooperation with the Commission, the timing of notification of the fulfilment of the conditions of the leniency programme, the level of reduction of the fine and the issue of multijurisdictional leniency applications. In relation to the...
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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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Efficient enforcement of cartel law
Fenclová, Eva ; Horáček, Vít (advisor) ; Horáček, Tomáš (referee)
Efficient enforcement of cartel law This thesis deals with the issue of effective enforcement of cartel law, focusing on the interaction between public and private enforcement. The aim of this thesis is to compare the enforcement systems of cartel law in Czech, European and American legal systems, in particular to compare the form and functioning of two key tools of public and private enforcement, i.e. the leniency program and the actions for damages, to analyse the interaction between them, reveal the main tension and finally to compare the solutions to this conflict that are offered by different legal systems. I am comparing the solutions offered by current legislation in the EU and the Czech Republic with the solutions of US antitrust law where both tools coexist and have been successfully operating for some time. On the basis of such comparison I will try to determine whether the current solution is effective or whether there exists a more suitable one. The thesis consists of three parts. The first part is divided into two chapters, where the first chapter defines the basic terminology that relates to the issue of antitrust law enforcement. Further it contains a description of relevant sources of law. The second chapter deals with various antitrust law enforcement models which operate within...
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Application of the Leniency Programme before the Office for The Protection of Competition from 2013 to 2016
Szewczyková, Julie ; Vostrovská, Zdenka (advisor) ; Pekárek, Štěpán (referee)
In 2013 Act on the Protection of Competition was amended and there was added a section § 22ba on direct application of the leniency programme. Following the amendment the Office for the Protection of Competition published a new version of the leniency programme. This Bachelor thesis focuses on deeper analysis of the historical development of the programme in the European and Czech environment. The main basis of this work is to analyse the changes that have led to more successful application of the leniency programme in proceedings before the Office. Since 2013 the Office has recorded two-times increase of applications for waiver or reduction of fines which arises from better legal certainty of the applicants. The Office in its proceedings systematically violates the Administrative Procedure, prolongs proceedings inefficiently and in some cases it even significantly exceeds a specified time limited period for issuance of acts. The thesis presents the use of the leniency applications on several specific law cases.
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Efficient enforcement of cartel law
Fenclová, Eva ; Horáček, Vít (advisor) ; Horáček, Tomáš (referee)
Efficient enforcement of cartel law This thesis deals with the issue of effective enforcement of cartel law, focusing on the interaction between public and private enforcement. The aim of this thesis is to compare the enforcement systems of cartel law in Czech, European and American legal systems, in particular to compare the form and functioning of two key tools of public and private enforcement, i.e. the leniency program and the actions for damages, to analyse the interaction between them, reveal the main tension and finally to compare the solutions to this conflict that are offered by different legal systems. I am comparing the solutions offered by current legislation in the EU and the Czech Republic with the solutions of US antitrust law where both tools coexist and have been successfully operating for some time. On the basis of such comparison I will try to determine whether the current solution is effective or whether there exists a more suitable one. The thesis consists of three parts. The first part is divided into two chapters, where the first chapter defines the basic terminology that relates to the issue of antitrust law enforcement. Further it contains a description of relevant sources of law. The second chapter deals with various antitrust law enforcement models which operate within...
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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 business competition - agreements interfering with competition
Krabec, Martin ; Horáček, Vít (advisor) ; Čech, Petr (referee)
Protection of business competition - agreements interfering with competition Agreements interfering with competition are a significant threat to proper functioning of the competition. Leniency programmes are a powerful tool for the purpose of detection and termination of cartels. This thesis focuses mainly on the regulation contained in the Czech national law. The Community law can not be ignored though as the national law is closely connected therewith. The first part of this thesis contains mainly a basic definition of agreements interfering with competition, their division according to their content as well as division to horizontal and vertical agreements which is important to assess agreements with an insignificant impact on the competition. When assessing the influence of an agreement it is also necessary to take legal and block exemptions into account. The most important cartel assessed by the Office for the Protection of Competition so far is an agreement on the gas insulated switchgear market. For this agreement having a form of bid rigging the Office imposed the highest fine in its history. But this case also demonstrates a frequent problem of significant delays in the court proceedings, which are often initiated by legal actions of undertakings against decisions of the Office for the...
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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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The process of investigation of cartels in Czech Republic and European Union
Krocová, Denisa ; Štípek, Vladimír (advisor) ; Doležal, Ondřej (referee)
This Bachelor thesis is focused on the protection of economic competition in the area of the prohibited cartels. The theoretical part describes the role and mission of the Czech Office for Protection of Competition and European Comission, explains important terms and describes the procedure used by antitrust autority during the investigation into the cartel. The thesis explains on chat principle works leniency programme and settlement procedure. Practical part examines specific examples of cartels in the Czech Republic and the European Union. The purpose of the thesis is to evaluate the effectiveness of the procedures and tools used by the European Commission and the Office for Protection of Competition.
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