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An impact of the recent economic crisis upon the control of mergers of competitors in the EU
Bartoš, Petr ; Šmejkal, Václav (advisor) ; Svoboda, Pavel (referee)
An impact of the recent economic crisis upon the control of mergers of competitors in the EU The purpose of this thesis is to analyse an impact of the recent economic crisis upon the control of mergers of competitors in the EU. It is established as an initial hypotheses that the economic crisis had considerable impact upon the EC merger control. The thesis is composed of six chapters, each of them dealing with different aspects of the above mentioned topic. Chapter One is introductory and defines basic terminology used in the thesis. The chapter is subdivided into two parts. Part One describes pre-crisis legal framework of EC merger control. Part Two deals with dominant pre-crisis theoretical approaches towards EC merger control. Chapter Two examines origin and development of the recent economic crisis, various regulatory responses to it, as well as the joint action of EU Member States towards dealing with consequences of the economic crisis. The chapter consists of seven parts, last one of them attempts to compare current situation in the EU with historical example of US antitrust enforcement during national crises. Chapter Three is focused on the impact of the recent economic crisis on EC merger control. It is subdivided into nine parts and provides an outline of the consistency on the principles...
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Omezování hospodářské soutěže prostřednictvím spojování soutěžitelů
Slavíčková, Andrea
SLAVÍČKOVÁ, A. Restriction of competition through concentrations of competitors. Diploma thesis. Brno: Mendel University, 2020. This thesis deals with the restriction of competition through the merger of competitors. The literature review focuses on the definition of the legal regime of the operation of competition in the area of mergers of competitors, namely Act No. 143/2001 Coll., On the protection of competition and other legal regulations in the Czech and European context. The actual part is devoted to the application of the aforementioned law to three selected cases of mergers, with the aim of defining the risks that competitors face in the event of a misconduct and to analyse the economic impact of the merger on competitors and their competitors.
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Concentration of Undertakings within Protection of Czech Competition
Radvanovská, Alice ; Patěk, Daniel (advisor) ; Černá, Stanislava (referee)
Concentration of Undertakings within Protection of Czech Competition The subject of this diploma thesis is to define the subject of concentration of undertakings, which is one of the parts of competition protection, and to define the way of control of such concentration in the Czech legal order. Without the functioning of competition, the functioning of trade cannot be imagined, and since self-regulation of trade has proved to be inadequate over time, there was nothing else to do than to introduce a regulation regulating the behavior of market players. These standards gave rise to a new branch of law, i.e. competition law. The thesis is divided into nine chapters, the first four being rather interpretative, because they explain the basic concepts and terms used by the Act on the Protection of Competition and the European Commission. The fundamental issue of this work is to explain the definition of the concentration as such, in which, without knowing the various forms of concentration, it would not be possible to correctly identify the operation and properly notify the competition authority. Next, I deal with the procedure of the competitors and subsequently of the Office for the Protection of Competition (hereinafter referred to as "the Office") in the proceedings. I consider significant the adaptation of...
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An impact of the recent economic crisis upon the control of mergers of competitors in the EU
Bartoš, Petr ; Šmejkal, Václav (advisor) ; Svoboda, Pavel (referee)
An impact of the recent economic crisis upon the control of mergers of competitors in the EU The purpose of this thesis is to analyse an impact of the recent economic crisis upon the control of mergers of competitors in the EU. It is established as an initial hypotheses that the economic crisis had considerable impact upon the EC merger control. The thesis is composed of six chapters, each of them dealing with different aspects of the above mentioned topic. Chapter One is introductory and defines basic terminology used in the thesis. The chapter is subdivided into two parts. Part One describes pre-crisis legal framework of EC merger control. Part Two deals with dominant pre-crisis theoretical approaches towards EC merger control. Chapter Two examines origin and development of the recent economic crisis, various regulatory responses to it, as well as the joint action of EU Member States towards dealing with consequences of the economic crisis. The chapter consists of seven parts, last one of them attempts to compare current situation in the EU with historical example of US antitrust enforcement during national crises. Chapter Three is focused on the impact of the recent economic crisis on EC merger control. It is subdivided into nine parts and provides an outline of the consistency on the principles...
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The Importance and Impact of the Antimonopoly Office in the Czech Republic
Šťastná, Aneta ; Svoboda, Roman (advisor) ; Kopecká, Lenka (referee)
The aim of this thesis is to describe the functions of the Office for the Protection of Competition and to verify its practical effectiveness on the basis of statistical data relating to the solves cases, mainly from 2009-2014. The theoretical part describes the history of the competition, defines the terms >>relevant market<< and >>competitor,<< briefly describes theoretically individual competition distortions, briefly describes the Office for the Protection of Competition and the legislation that applies to the issue. Specific illustrative cases of the activity of the office in the field of prohibited agreements, abuse of dominance and mergers of competition are gradually analyzed.
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Collective dominance in competition law and its abuse
Kolarczyková, Eva ; Boháček, Martin (advisor) ; Levý, Jan (referee)
The aim of the diploma thesis is a comprehensive analysis of the concept of collective dominance, in particular with reference to the evaluation of its applicability and utility in practice. The first chapter deals with the main features of the oligopoly market and Czech and European legal provisions on the abuse of a dominant position and mergers within which it has evolved. On base of the analysis of Court of Justice and General Court judgements the second chapter explains the notion of the collective dominance and examines the obligatory conditions of the collective dominance, as well as the factors which influence these conditions. The third chapter concerns the concept of collective dominance with regard to competition law taxonomy. It compares not only the test of collective dominance applied pursuant to the article 102 TFEU with the test applied according to the Council Regulation (EC) No 139/2004 on the control of concentrations between undertakings, but also the concept of collective dominance with the agreements pursuant to the article 101 TFEU. It also deals with abusive practices typical for oligopolies. Beside the explanation of the UK legislation the last two chapters illustrate decisions of competition authorities in the Czech Republic and in the United Kingdom and analyse and compare them. The diploma thesis is concluded by the analysis of main shortcomings of the concept of collective dominance and the evaluation of actual state of the examined topic with the aim to abstractly summarize knowledge gained through the thesis.
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Comparative analysis of the legislation concerning Czech and French competition regulatory system and analysis of the relevant French legal terminology
KREJČOVÁ, Lenka
The topic of this bachelor thesis is the Comparative analysis of the legislation concerning Czech and French competition regulatory system and analysis of the relevant French legal terminology. The work is divided into a theoretical part, which presents the sources of competition law in both countries. Furthermore, this section introduces the supervisory bodies of both countries and their structure, competencies and activities. The second part is a practical part, aim of which is the comparative analysis of competition law in both countries, the comparison of legal forms of supervisory bodies as well as the comparison of their competencies. A lexical analysis of selected terms is as well made in this part.
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Cross-border mergers
Hubáčková, Marie ; Pelák, Jiří (advisor) ; Mezerová, Jana (referee)
This thesis deals with the topic of cross-border mergers in the Czech republic. In the introductory part, the expressions like merger, cross-border merger are explained and reasons and possible obstacles of the merger (cross-border mergers) execution described. In the following chapter, I mention the possibilities of cross-border mergers in the Czech republic up to now. The thesis also handles the influence of the Directive on cross-border mergers of limited lability companies and the Verdict of the European Court of Justice in the matter of sp. zn. C-411/03 SEVIC Systems AG on the final version of the new legal Act on Transformation of Companies and Cooperatives. In the next chapter, I deal with the legal, accounting and taxation aspects of the cross-border mergers under the current conditions and according to czech legislation. I also included a chapter about the control of mergers of competitors. The last chapter mentions a concrete example of the real first cross-border merger in the Czech republic.
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Comparison of English and Australian cartel law
Šach, Petr ; Boháček, Martin (advisor) ; Vozáb, Jakub (referee)
Diplomová práce se zaměřuje na kartelové právo formou srovnání australské a české úpravy. Přibližuje základní principy australského kartelového práva, obsahuje výklad nejdůležitějsích pojmů - relevantní trh, tržní síla a soutěžitel - dle australské i české úpravy. Pojednává o institucionálním rámci kartelového práva z pohledu obou úprav a přibližuje rozdíly regulace dohod narušujících soutěž, zneužití dominantního postavení a spojování soutěžitelů.
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