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National Repository of Grey Literature 2 records found  Search took 0.01 seconds. 
New Approaches to Assessing Abuse of Dominant Position in relation to Standard Essential Patents in EU Competition Law.
 Květoň, Robert ; Šmejkal, Václav (advisor) ; Vondráčková, Aneta (referee)
1 NEW APPROACHES TO ASSESSING ABUSE OF DOMINANT POSITION IN RELATION TO STANDARD-ESSENTIAL PATENTS IN EU COMPETITION LAW ABSTRACT The present thesis deals with the assessment of abuse of dominance in relation to a Standard- Essential Patents as a globally developing phenomenon of recent years. The assessment of abuse of dominance is examined in the context of EU competition law, in particular in the light of recent decision-making practice of the European Commission and the Court of Justice of the EU. This thesis examines whether European competition law is close to finding a firm standard in assessing abuses of dominance by competitors who benefit from intellectual property rights from patents on standardised technology. This firm standard is specified in two ways. The first level is whether in EU competition law the unwillingness of the owner of the Standard-Essential Patent to license such a patent is considered as an abuse of a dominant position. On the second level, it analyses under which circumstances a negatory action brought by a Standard-Essential Patent owner against a licensee in bad faith can be considered as an abuse of his dominant position. In Chapter 2, the thesis introduces key concepts related to Standard-Essential Patents and standardisation. Chapters 3 and 4 analyse the decision-making...
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Network Sharing and Standard Essential Patents in EU competition law
 Krejsová, Klára ; Šmejkal, Václav (advisor) ; Svoboda, Pavel (referee)
Network Sharing and Standard Essential Patents in EU Competition Law Abstract This diploma thesis deals with two issues which are closely linked to telecommunications and its specific features - network sharing and standard essential patents. Actually, these issues are very topical and come out at the forefront of EU competition authorities. The goal of this diploma thesis is to familiar the reader with particular issues and then analyse individual decisions of Commission and CJEU regarding aforementioned topics from the perspective of consumer welfare as one of the main objectives of EU competition law. Therefore, the first part of the thesis provides definition of consumer welfare standard so that the analysis of particular decisions could be performed. The second part of this thesis deals with network sharing. Given the complicacy of this topic, there are defined the individual models and presented some actual cases of network sharing in EU at the beginning of this part. Subsequently, the thesis deals with the interrelationship between telecom mergers and network sharing. After these introductory remarks, the individual decisions of Commission are analyzed. This part is finally concluded with a partial conclusion which summarizing the main outputs arising from performed analysis. The third part of the...
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