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Duality of the legal regulation of a dominant position in EU competition law
Pavel, Jan ; Svoboda, Pavel (advisor) ; Šmejkal, Václav (referee)
Résumé The presented work addresses the issue of the double-tracking nature of a dominant position in European competition law. The aim of the integration efforts during the establishment of the EU was the creation of an internal market, especially the customs union. In order to achieve this state, it was necessary to take a number of integration measures and create a legal framework, i.e. conditions, under which economic competition in the internal market could operate effectively. In this context a variety of legislation valid for the whole EU territory has been accepted. However, in the context of the economic competition this work analyzes the legislation on market dominance carried out first in Article 102 of TFEU (Treaty on the Functioning of the European Union) prohibiting restrictive business practices in the form of abuse of a dominant position and also in Council Regulation (EEC) No 4064/89 and later in Council Regulation (EC) No 139/2004 regulating the control of concentrations between undertakings. In case of both the legislations the crucial question is the "dominant position" of an enterprise in the market, while Article 102 of TFEU represents the ex post control, i.e. applies only to the possible abuse of the dominant position, and in this sense the dominant position itself is not the...
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Duality of the legal regulation of a dominant position in EU competition law
Pavel, Jan ; Svoboda, Pavel (advisor) ; Šmejkal, Václav (referee)
Résumé The presented work addresses the issue of the double-tracking nature of a dominant position in European competition law. The aim of the integration efforts during the establishment of the EU was the creation of an internal market, especially the customs union. In order to achieve this state, it was necessary to take a number of integration measures and create a legal framework, i.e. conditions, under which economic competition in the internal market could operate effectively. In this context a variety of legislation valid for the whole EU territory has been accepted. However, in the context of the economic competition this work analyzes the legislation on market dominance carried out first in Article 102 of TFEU (Treaty on the Functioning of the European Union) prohibiting restrictive business practices in the form of abuse of a dominant position and also in Council Regulation (EEC) No 4064/89 and later in Council Regulation (EC) No 139/2004 regulating the control of concentrations between undertakings. In case of both the legislations the crucial question is the "dominant position" of an enterprise in the market, while Article 102 of TFEU represents the ex post control, i.e. applies only to the possible abuse of the dominant position, and in this sense the dominant position itself is not the...
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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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Vertical integration - benefits and drawbacks
Čermáková, Blanka ; Buus, Tomáš (advisor) ; Krabec, Tomáš (referee)
The thesis introduces thorough analysis of current approach towards margin squeeze practice, an abuse of dominant position by vertically integrated entity. For proper categorization, definition and understanding of the basic assumptions behind the strategy of margin squeeze and its application, the paper presents necessary conceptual apparatus. Further the paper deals also with regulatory framework of abuses of dominant position, national as well as international. In the practical section the paper introduces margin squeeze strategy within telecommunication industry and its regulatory framework in the Czech republic and brings recommendations for ex-ante margin squeeze testing in relation with current European regulators policy updates following the dynamic technological development of the industry.
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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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Significant economic and legal aspects in the protection of competition in the EU and the USA
Zavřel, Vladimír ; Karpová, Eva (advisor) ; Němcová, Ingeborg (referee)
The purpose of the present thesis is to analyse the relationship between competition law and economics on the example of the USA and the EU. In the first chapter is mentioned the context that led to the issuance of antitrust laws in the USA, the EU and other countries, as well as the most significant economic theories which had a major influence on the application of competition law. This is followed by the description of the institutional framework of competition law in the USA and the EU, their respective primary sources of law, including non-legislative documents. The second chapter analyses the most significant anticompetitive conducts for both antitrust areas (i.e. anticompetitive agreements and unilateral conducts), with a special attention to the most harmful anticompetitive conducts (e.g. horizontal price fixing) and to relatively new and dynamically developing areas of antitrust law (e.g. refusal to deal related to intellectual property). Each selected conduct is introduced by the description of potential anticompetitive effects of the conduct and it is followed by relevant significant American and European precedents. The last sub-chapters analyse non-legislative documents issued by the FTC, DoJ and EC which enable to educe their current general approach to mergers.
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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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Abuse of a Dominant Position in the Czech and EC Law
Šimandlová, Michaela ; Boháček, Martin (advisor) ; Jakl, Ladislav (referee)
Práce srovnává platnou právní úpravu ČR a ES jedné z oblastí ochrany hospodářské soutěže - dominantního postavení na trhu a jeho zneužití. Vysvětluje zákonem používané pojmy a zaměřuje se na rozbor jednotlivých skutkových podstat zneužití dominantního postavení ve vztahu k právu komunitárnímu. Dále jsou v práci navrženy některé změny českého zákona o ochraně hospodářské soutěže, aby lépe odpovídal právu ES.
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