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Predatory Pricing in Transport Sector: Case Study of the STUDENT AGENCY, s.r.o.
Dobiáš, Adam ; Vacek, Pavel (advisor) ; Vaško, Dan (referee)
Predatory Pricing in Transport Sector: Case Study of the STUDENT AGENCY, s.r.o. Abstract This paper deals with predatory pricing in transport sector. A situation when one company sells its product at a very low price, intending to illegally drive competitors out of the market. Aim of this paper is to discuss mentioned issues in transport sector and to explain methods of solving predatory cases according to the newest guidelines of the European Commission, national competition au- thorities and national courts. Market delineation, dominance determination and predation cost analysis is discussed. Not only theoretical aspect of predatory behaviour and its impact on competition but also a detection of predatory pri- cing by authorities is discussed. Special attention to the specifics of transport sector is given. The core of this paper is an analysis of STUDENT AGENCY, s.r.o. case from year 2008, when mentioned company was accused of predatory pricing on their bus line Praha-Brno. Keywords predatory pricing, antitrust, competition, re- levant market, dominance, transportation, SS- NIP test, Reverse Cellophane Fallacy, Office for the Protection of Competition, STUDENT AGENCY, s.r.o.
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Predatory Pricing as an Abuse of Dominant Position in Czech and EU Law
Kuča, Viktor ; Černá, Stanislava (advisor) ; Horáček, Vít (referee)
Charles University in Prague Faculty of Law Rigorosum Thesis Viktor Kuča Predatory Pricing as an Abuse of Dominant Position in Czech and EU Law Abstract The thesis deals with predatory pricing which represents an abuse of dominant position. First, the thesis focuses on the main issues necessary to understand the basis of predatory pricing and reflects on how to address this abuse so that the ban on predatory pricing achieves its objectives. Second, the thesis describes what the competition authorities have to prove in order to establish that predatory pricing has taken place. Third, it deals with circumstances which are often associated with predatory pricing and, therefore, give a valuable clue as to whether predatory pricing has occurred or not. Fourth, the thesis focuses on sanctions that may be imposed on firms involved in predatory pricing.
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Convergence and Divergence of Antitrust in EU and USA after the year 2000
Opat, Daniel ; Šmejkal, Václav (advisor) ; Svobodová, Magdaléna (referee)
81 Summary This thesis focuses on predatory pricing in competition law of European Union and United states of America. The main goal of the thesis is to analyze the development of predatory pricing on the both sides of Atlantic and to show where the approach to predatory pricing is similar and where was used different perspective. The thesis is divided to three chapters. First part of first chapter describes predatory pricing in general. It supplies a complete view on basic elements of predatory pricing that were and some still are used to identify them. Second part of first chapter brings overview of the most important tests of costs and basic economic terminology, that is important for price tests. Last part introduces most important schools of competition law, that had the biggest impact on forming of approaches to predatory pricing. Second chapter deals with main milestones of development of predatory pricing in the United States. It brings chronological overview of laws and decisions of the U.S. Supreme Court, and analyses their importance for next judicial practice. End of this chapter summarizes development of predatory pricing in the USA on basis of foregoing findings. Third chapter similarly describes historically younger, but equally dynamic development of predatory pricing in European Union. At...
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Convergence and Divergence of Antitrust in EU and USA after the year 2000
Opat, Daniel ; Šmejkal, Václav (advisor) ; Svobodová, Magdaléna (referee)
81 Summary This thesis focuses on predatory pricing in competition law of European Union and United states of America. The main goal of the thesis is to analyze the development of predatory pricing on the both sides of Atlantic and to show where the approach to predatory pricing is similar and where was used different perspective. The thesis is divided to three chapters. First part of first chapter describes predatory pricing in general. It supplies a complete view on basic elements of predatory pricing that were and some still are used to identify them. Second part of first chapter brings overview of the most important tests of costs and basic economic terminology, that is important for price tests. Last part introduces most important schools of competition law, that had the biggest impact on forming of approaches to predatory pricing. Second chapter deals with main milestones of development of predatory pricing in the United States. It brings chronological overview of laws and decisions of the U.S. Supreme Court, and analyses their importance for next judicial practice. End of this chapter summarizes development of predatory pricing in the USA on basis of foregoing findings. Third chapter similarly describes historically younger, but equally dynamic development of predatory pricing in European Union. At...
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Predatory Pricing as an Abuse of Dominant Position in Czech and EU Law
Kuča, Viktor ; Černá, Stanislava (advisor) ; Horáček, Vít (referee)
Charles University in Prague Faculty of Law Rigorosum Thesis Viktor Kuča Predatory Pricing as an Abuse of Dominant Position in Czech and EU Law Abstract The thesis deals with predatory pricing which represents an abuse of dominant position. First, the thesis focuses on the main issues necessary to understand the basis of predatory pricing and reflects on how to address this abuse so that the ban on predatory pricing achieves its objectives. Second, the thesis describes what the competition authorities have to prove in order to establish that predatory pricing has taken place. Third, it deals with circumstances which are often associated with predatory pricing and, therefore, give a valuable clue as to whether predatory pricing has occurred or not. Fourth, the thesis focuses on sanctions that may be imposed on firms involved in predatory pricing.
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Predatory Pricing in Transport Sector: Case Study of the STUDENT AGENCY, s.r.o.
Dobiáš, Adam ; Vacek, Pavel (advisor) ; Vaško, Dan (referee)
Predatory Pricing in Transport Sector: Case Study of the STUDENT AGENCY, s.r.o. Abstract This paper deals with predatory pricing in transport sector. A situation when one company sells its product at a very low price, intending to illegally drive competitors out of the market. Aim of this paper is to discuss mentioned issues in transport sector and to explain methods of solving predatory cases according to the newest guidelines of the European Commission, national competition au- thorities and national courts. Market delineation, dominance determination and predation cost analysis is discussed. Not only theoretical aspect of predatory behaviour and its impact on competition but also a detection of predatory pri- cing by authorities is discussed. Special attention to the specifics of transport sector is given. The core of this paper is an analysis of STUDENT AGENCY, s.r.o. case from year 2008, when mentioned company was accused of predatory pricing on their bus line Praha-Brno. Keywords predatory pricing, antitrust, competition, re- levant market, dominance, transportation, SS- NIP test, Reverse Cellophane Fallacy, Office for the Protection of Competition, STUDENT AGENCY, s.r.o.
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Abuse of the Dominant Position by Prohibited Pricing Activities
Mikeš, Stanislav ; Patěk, Daniel (advisor) ; Eichlerová, Kateřina (referee)
Abuse of the Dominant Position by Prohibited Pricing Activities Abstract This thesis analyzes selected pricing practices of dominant undertakings namely predatory pricing, margin squeeze and excessive pricing. These practices may, under certain circumstances, constitute an abuse of the dominant position. The aim of the thesis is to focus on problematic aspects of each of these practices, on explanation of various legal and economic tests used to prove that certain pricing policy constitutes an abuse of dominant position and on the description of conditions that have to be met in order to consider such practice contrary to the competition law of the Czech Republic and the European Union. The thesis is composed of four chapters. In Chapter One a brief introduction to the competition law itself and to the analyzed matter is given. Chapter Two describes basic terminology used when dealing with cases of abuse of a dominant position such as basic legal concept of the abuse itself, definition of an undertaking and a competitor according to the EU law and the Czech law respectively, delimitation of a relevant market and finally definition of a dominant position. Chapter Three is oriented on the selected pricing practices of dominant undertakings. This Chapter is subdivided into three parts each of which is dealing...
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