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Aggressive business practices in competition
Schwetzová, Tereza ; Patěk, Daniel (advisor) ; Čech, Petr (referee)
Thesis title: Aggressive business practices in competition This thesis deals with an analysis of aggressive business practices within competition, focusing on aggressive business practices in relation to other competitors, i.e. B2B relations. The thesis is divided into four chapters with an unnumbered introduction and conclusion. The most crucial part of the thesis can be found in the second and third chapter. The first chapter introduces reader to the issue of unfair competition. In particular, the chapter deals with the analysis of the general clause, as the key provision within the private law framework of unfair competition. Above mentioned is the reason of a brief historical development of this provision being also included in this chapter. Furthermore, the chapter considers the adaptation of unfair competition among the European Union. The second chapter deals with the analysis of the factual phenomena of aggressive business practices, namely denigration (section 2984), unlawful comparative advertising (section 2980) and breach of trade secrets (section 2985), considering the newly adopted directive on the protection of undisclosed know-how and business information (trade secrets). The chapter also incorporates relevant case law. Third chapter deals with aggressive business practices...
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Aggressive commercial practices against competitors
Svobodová, Michaela ; Patěk, Daniel (advisor) ; Liška, Petr (referee)
Aggressive commercial practices against competitors Abstract This thesis deals with aggressive business practices against competitors. Its aim is to define the concept of aggressive commercial practices against competitors and to subsume under this term, merits of unfair competition defined by law and selected case law merits of unfair competition, which fulfill the definition. The next objective is then the interpretation of the individual merits of unfair competition. The first part of this thesis defines the term competitor and divides unfair commercial practices in two ways, namely based on their impact (against competitors and against customers) and based on the qualitative side of the practice (aggressive and deceptive). The Unfair Commercial Practices Directive has been used as a guideline for these divisions. Furthermore, this section includes a discussion of whether the misleading commercial practices against competitors exist and is concluded with the definition of aggressive commercial practices against competitors. In the second part, the general clause of unfair competition is analyzed, the interpretation concentrating on those aspects of the term that have an impact on the practices falling under the aggressive practices against competitors term. The third part deals with the merits of unfair...
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