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Protection of economic competition - block exemption for vertical agreements
Vohnický, Petr ; Horáček, Vít (advisor) ; Rozehnal, Aleš (referee)
The Master's thesis provides readers with a basic analysis of Commission Regulation 330/2010. The mentioned regulation confers a benefit of the so called block exemption on broad spectrum of vertical agreements including in this context also certain agreements among competing undertakings. Since agreements enjoying the benefit of the block exemption are presumed to meet criteria stipulated in Article 101 (3) TFEU, the block exemption eliminates legal uncertainty which undertakings whose agreements distort competition within the meaning of Article 101 (1) TFEU would otherwise face. It follows that it is not necessary to examine such agreements on its merits. Thus, transaction costs are reduced. Structure of the thesis is chosen so that it reflects three main questions concerning applicability of the block exemption, namely whether (i) an agreement falls within the scope of Commission Regulation 330/2010, whether (ii) it contains black clauses (hard-core restrictions) and whether (iii) it contains (non-severable) grey clauses. After a brief description of wider connections and general issues in Chapter One, in Chapter Two the thesis deals with the scope of Commission Regulation 330/2010 with respect to the notion of vertical agreement, the role of intellectual property rights, the treatment of...
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Protection of economic competition - block exemption for vertical agreements
Vohnický, Petr ; Horáček, Vít (advisor) ; Rozehnal, Aleš (referee)
The Master's thesis provides readers with a basic analysis of Commission Regulation 330/2010. The mentioned regulation confers a benefit of the so called block exemption on broad spectrum of vertical agreements including in this context also certain agreements among competing undertakings. Since agreements enjoying the benefit of the block exemption are presumed to meet criteria stipulated in Article 101 (3) TFEU, the block exemption eliminates legal uncertainty which undertakings whose agreements distort competition within the meaning of Article 101 (1) TFEU would otherwise face. It follows that it is not necessary to examine such agreements on its merits. Thus, transaction costs are reduced. Structure of the thesis is chosen so that it reflects three main questions concerning applicability of the block exemption, namely whether (i) an agreement falls within the scope of Commission Regulation 330/2010, whether (ii) it contains black clauses (hard-core restrictions) and whether (iii) it contains (non-severable) grey clauses. After a brief description of wider connections and general issues in Chapter One, in Chapter Two the thesis deals with the scope of Commission Regulation 330/2010 with respect to the notion of vertical agreement, the role of intellectual property rights, the treatment of...
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Distribution Agreements
Kazdová, Michaela ; Horáček, Vít (advisor) ; Oehm, Jaroslav (referee)
My diploma thesis called "Distribution Agreements" treats of distribution agreements as one possible way of distribution of products. Distribution agreements are a type of distribution relations arrangement where the purchaser buys products from the supplier in order to distribute them. The topic of distribution agreements is interesting especially from the reason that the distribution agreements are a very frequent and necessary legal instrument in business relations, but are not legaly regulated on national, european or even on the international scale. Neither the law theory treats of them too much. On the other side, there is a quite broad decision practice of Competion Authority and practice of the European Court of Justice. These decisions were used as a basis of this thesis. Distribution agreements do not only handle the contractual relationship, but they have often anti-competitive effects. In this diploma thesis I handle both the aspect of contractual law and the aspect of competition law. The aim of the work is especially to describe the distribution agreement in the sence of an innominate contract type and to determine its essentials. The core of the work is a categorization of distribution agreements into individual types of distribution agreements, their characteristics and finding...
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Vliv kartelů na výkonnost ekonomiky
Zeklová, Pavla
The target of these thesis is evaluate overall impact of the cartels on the market efficiency and evaluate the the limitations it causes to consumers. Using the theoretical knowledge was explained the market principles, on the basis of which a case study of several revealed cartels. The results showed that the cartels have a negative impact on consumers and market.
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