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Legal and Economic Aspects of Cartel Agreements in the Czech Republic
Matějka, Martin ; Hrabincová, Dagmar (referee) ; Blažek, Jiří (advisor)
The thesis is dealing with Impact of Cartel agreement on individual subjects of Competition within the Scope of wider macroeconomic context. On the basis of predicted behavior at microeconomic level are outlined possible macroeconomic Impacts. Current practice in protecting Competition in the Czech Republic is delimited in the perspective of possible philosophy-political approaches emphasizing the legal framework. Competition protection is generally aimed at consumer welfare, which can be considered to be the primal target. Fundamental terms are defined on the basis of factual usage with the focus on the problematical questions in practice. In the practical part is briefly introduced proceedings course including possible remedies.
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Protection of competition from the perspective of control of concentrations between competitors
Hora, Šimon ; Černá, Stanislava (advisor) ; Liška, Petr (referee)
Protection of competition from the perspective of control of concentrations between competitors Abstract One of the basic areas of competition law is concentration between undertakings. The protection of competition, as a subject of competition law, requires the assessment of concentrations and the authorization of concentrations in cases where mergers are likely to give rise to a structural change of a lasting nature in the market. The thesis deals with individual aspects and institutes decisive for assessing the concentration of competitors, whether from the point of view of Czech or European legislation. Considerations and interpretations of individual aspects of mergers are based on decision-making practice, in particular by the Office for the Protection of Competition and the European Commission. The purpose of this thesis is to present in detail the institutes of merger control and look at them critically in order to answer the essential question posed in the introduction of the thesis, whether the current rules for assessing mergers are able to effectively protect competition even in today's dynamic times. In the individual chapters, first, space is devoted to the general presentation of competition and its importance, as well as to competition law. In the following chapters, the thesis...
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Unfair advertising
Foltínová, Ľubica ; Černá, Stanislava (advisor) ; Zahradníčková, Marie (referee)
The subject of my doctoral thesis is the analysis of the judicial treatment of unfair advertising. The aim of the thesis is to offer a systematic outlook on the legal environment of advertising from a private and a public law perspective. The legal definition of advertising is given in the Advertising Regulation Act, which can be regarded as the most important public act governing unfair advertising and in the Act on the Operation of Radio and Television Broadcasting, which regulates advertising in television, radio and internet broadcasting. All these definitions belong to the public law area. On the other hand, the definition of unfairness can be found in a private law act, namely in the Commercial Code (Act No.513/1991 Coll.). The unfairness of competition (indirectly of unfair advertising as well) is defined with a general clause against unfair competition. As a result of these definitions, unfair advertising could be understood as the activity, which fulfils the legal definition of advertising and at the same time fulfils the general clause against unfair competition. The thesis consists of three extensive chapters. The first chapter describes the history of unfair advertising and the current legal regulation of this subject from an international, a European and a national perspective. This...
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Legal consequences of agreements interfering with economic competition
Sloupová, Jana ; Horáček, Vít (advisor) ; Eichlerová, Kateřina (referee)
This work presented here, named "Legal consequences of agreements interfering with economic competition" seeks to answer several questions, that are dealt with in five sections. Principal notions are explained in first three chapters. The core of the work is found in chapters four and five. The first part describes the competition policy in general. Precise definition of Competiton doesn't actually exist. In practice the economic-viewed interpretation is mostly used. It is a very dynamic process, which, as history shows us, needs for its effective functioning not only to be secured by fundamental freedoms, but also needs a framework of strict rules of law. These boundaries are established by the Competition Law. This branch of law overlaps both the Public law and Private law. My work addresses ontly the part of the Competition Law that depicts protective methods concerning anti-competitive agreements and its violations. Regarding the applicable law sources needs to be examined within the frame of the membership of the Czech Republic in European Union. The third part deals with prohibited agreements in the scope of the Substantive Law. An interesting point of view is brought in by comparing particular characteristic features and its concept with regard to the decisional practice of both The European...
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Competitor's Dominant Position and Its Abuse in the Czech and European Law
Kuckirová, Natalia ; Horáček, Vít (advisor) ; Eichlerová, Kateřina (referee)
- Competitor's Dominant Position and Its Abuse in the Czech and European Law The aim of this thesis is to identify and analyze issues of market dominance and its abuse as one of the most important areas of the competition law. An indispensable part of every analysis of such abuse is also a definition and assessment of the relevant market which we will deal with in a separate section of this thesis. The issue of abuse of a dominant position is analyzed with the help of the competition rules and the judicial practice of the competent authorities, both at the community and national level. First chapters are designed as an introduction to the issue of dominance, offering readers a better understanding of often ambiguous approach to competition law, its restrictions and distortions. We will also be dealing with related terms such as the competitor, the company and their mutual interchangeability. Special attention will be paid to the introduction and further analysis of the relevant market, where the correct definition is the basis for the assessment of any competition case. The issue of relevant market is demonstrated on particular examples, especially on the current case of Student Agency, where the mode of defining the relevant market also decides the final outcome of the case with respect to the...
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Klamavé označování zboží a služeb v obchodní činnosti
Řeháčková, Veronika
Řeháčková. V. Misleading marking of goods and services in trade business. Bachelor thesis. Brno: Mendel university in Brno, 2017. The bachelor thesis is about unfair competition focused on misleading marking of goods and services. In the literary review is described current law regulation of unfair competiton including the law regulation of EU. In the practic part are analyzed individual cases of misleading marking of goods and services. The thesis contains also suggestions for customers and competitors, how to effectivly defend and prevent against misleading marking. Within the discussion are evaluated detected facts and economic impacts.
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Omezování hospodářské soutěže zneužíváním dominantního postavení
Bradáčová, Denisa
Bradáčová, D. Restriction of competition abuse of a dominant position. Brno: Mendel University, 2019. The thesis deals with the competition, which takes place on the territory of the Czech Republic. Special attention is paid to the abuse of a dominant position of com-petitors. The first part of the thesis contains the definition of the basic concepts and related adaptations to the competition, which were subsequently used as theoretical bases for the processing of the next part of the thesis. Own part of the work deals with practical examples of when it should occur to the abuse of a dominant position. Based on the established facts is in conclusion the proposed recommendations for the injurious and the injured party.
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Nekalosoutěžní jednání zemědělského podnikatele
Šmejkalová, Kristýna
This diploma thesis deals with the unfair competition in a relation to the agricultural entrepreneur and its facts. In the first part there are described and explained in details the concepts as: competition law, the facts of unfair competition such as a misleading advertising, the misleading of the labeling of products and services, the emergence of a risk of confusion, the parasite of the reputation of a business of the products or services of another competitor, the bribery, the playing down, comparative advertising, intrusive harassment and health and environmental hazards. In the second part of the thesis there were found the examples of the unfair competition from the practice concerning the agricultural entrepreneur. In each case, there are also provided the recommendations for these entrepreneurs.
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Disparagement as the facts of unfair competition
Mokřížová, Denisa ; Patěk, Daniel (advisor) ; Zahradníčková, Marie (referee)
Disparagement as the facts of unfair competition This master's thesis titled "Disparagement as the facts of unfair competition" deals with various aspects of the legal regulation of this unfair competition practice which is regulated by Act No. 89/2012 Coll., The Civil Code. The thesis also deals with the development of legal regulation in Czech territory, introduces the topic into the European context and compares some partial aspects with the Dutch law. Disparagement is understood to mean an act by which a competitor states or spreads false statement about the situation, performance or product of another competitor, where such a statement can cause harm to that competitor. Disparagement is also an act by which a competitor states and spreads true statement about the situation, performance or product of another competitor, where such a statement is capable of causing harm to that competitor. The aim of this work was a detailed analysis of disparagement as the facts of unfair competition including the assessment of its pros and cons, the presentation of the expert's opinions on its individual aspects and a summary of the possibilities of protection against derogatory practices focusing on the special private law protection provided by the Civil Code in the sections dealing with unfair competition. In this...
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Competitor's Dominant Position and Its Abuse in the Czech and European Law
Kuckirová, Natalia ; Horáček, Vít (advisor) ; Eichlerová, Kateřina (referee)
- Competitor's Dominant Position and Its Abuse in the Czech and European Law The aim of this thesis is to identify and analyze issues of market dominance and its abuse as one of the most important areas of the competition law. An indispensable part of every analysis of such abuse is also a definition and assessment of the relevant market which we will deal with in a separate section of this thesis. The issue of abuse of a dominant position is analyzed with the help of the competition rules and the judicial practice of the competent authorities, both at the community and national level. First chapters are designed as an introduction to the issue of dominance, offering readers a better understanding of often ambiguous approach to competition law, its restrictions and distortions. We will also be dealing with related terms such as the competitor, the company and their mutual interchangeability. Special attention will be paid to the introduction and further analysis of the relevant market, where the correct definition is the basis for the assessment of any competition case. The issue of relevant market is demonstrated on particular examples, especially on the current case of Student Agency, where the mode of defining the relevant market also decides the final outcome of the case with respect to the...
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