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Ekonomické aspekty vertikálních kartelů
Hajduch, Tomáš
Hajduch, T. Economic aspects of vertical cartels. Diploma thesis. Brno: Mendel University, 2021. This diploma thesis deals with economic aspects of vertical cartels, their affection of market and competition. The aim of this thesis is to define a vertical cartel, identify its specifics and evaluate the effectiveness of the antitrust policy of the Office based on issued decisions of the Office for the Protection of Competition to. The thesis discusses the law regulation of the cartel, its economic features and motivation to its establishment a vertical cartel. It is also proposed under what conditions the cartels could cooperate with the Office.
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Human Rights Limits of Public Enforcement of Competition Law
Bernard, Vladislav ; Mlsna, Petr (referee)
This dissertation thesis deals with the protection of fundamental rights in the context of public enforcement of competition law. In the context of the use of investigative tools by the Office for the Protection of Competition and by the European Commission, the author analyzes whether a comparable level of protection of fundamental rights of individuals affected by investigation of possible anticompetitive conduct is ensured in the analyzed normative systems. The author concludes that the level of protection of fundamental rights varies. According to the author, this phenomenon has its basis in the decision-making practice of relevant courts.
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In Search of a Competition Law Model for ASEAN through a Case Study of Singapore, Malaysia and Vietnam: Does the EU Competition Law Model Fit?
Dufková, Barbara ; Tomášek, Michal (advisor) ; Šmejkal, Václav (referee) ; Petr, Michal (referee)
In Search of a Competition Law Model for ASEAN through a Case Study of Singapore, Malaysia and Vietnam: Does the EU Competition Law Model Fit? Abstract The thesis aims to identify a fitting competition law regime for ASEAN countries. It operates upon presumption expressed in the scholarship on legal transplanting and competition law and development that for a transplanted competition law to be successful, it has to be tailored to fit the domestic environments. As the thesis observes that in adoption of their competition regulation, ASEAN member states resorted to legal transplanting of competition models from other jurisdictions, especially that of the EU, tailoring the EU model to fit their domestic conditions seems to be a key to their success. These differences in domestic conditions resulting in different national competition laws will also influence the design of a region-wide competition law regime that is being constructed. To identify those market-related needs and pain-points of ASEAN members states, the thesis classifies them into clusters depending on their level of economic development. Singapore, Malaysia and Vietnam (the examined jurisdictions) were selected as representatives of the economies of ASEAN member states from the most developed to the least developed ones. The thesis first analyses...
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Comparison of the Czech and French regulation of unfair competition and analysis of the relevant French legal terminology with a glossary
ROŽCOVÁ, Petra
The main topic of this bachelor thesis is an unfair competition in Czech Republic and France and an analysis of a corresponding French legal terminology. This thesis is structured into descriptive, comparative and lexical part. The descriptive part contains information about the unfair competition legislation in Czech Republic and France. The next part compares both legislations. The lexical part describes the analyses of corresponding legal terminology and their Czech equivalents. In case of non-existence of the Czech equivalents, possible translation is suggested. This part also includes the French-Czech glossary.
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Application of competition law and state aid in the field of sport
Janák, Jiří ; Liška, Petr (advisor) ; Tomášek, Petr (referee) ; Marek, Karel (referee)
Application of competition law and state aid in the field of sport Abstract The doctoral thesis presents the research on the subject of the penetration of competition law into the area of sports. The thesis researches effects of three main areas of competition law on sports - cartels, the abuse of a dominant position, and state aid in particular from the perspective of Community law. Although, at first, it may seem that it is a rather narrowly defined matter and issue, which is unique, the doctoral thesis demonstrates or attempts to demonstrate that it is not the case, and, namely the application practices of the European Commission and the European Union courts suggest that it is a quite topical and important matter with effects on almost all activities of sports organisations. The objective of the thesis presented is to identify matters that have not been comprehensibly identified in the Czech academic literature yet; therefore, in this regard, present a "handbook" for this area and also, on the basis of the analysis and synthesis of legal regulations and case-law, draw general conclusions, which, however, are not (as they are presented in the thesis) too optimistic for sports stakeholders. It follows from the thesis that sports officials (starting from the International Olympic Committee or the largest...
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Leniency programme as a fair tool of EU competition law
Svoboda, Michael ; Šmejkal, Václav (advisor) ; Říha, Michal (referee)
Leniency programme as a fair tool of EU competition law Abstract This diploma thesis addresses the question whether the Commission's leniency programme respects the fundamental rights and principles protecting undertakings from abuse of power by the Commission, in other words whether the Commission's leniency programme is fair and proportionate. After a general introduction to the conditions of the Commission's leniency programme, the diploma thesis analyses the relationship of the leniency programme to the various fundamental rights and principles - namely the principle of legal certainty and legitimate expectations, the principle of equal treatment and the right to a fair trial. These particular rights and principles have been selected because they appear to be the most relevant with respect to the specifics of the leniency program. In relation to the principle of legal certainty and legitimate expectation, the focus is on the hypothetical application and marker application, the evidence required to obtain immunity, evidence with significant added value, the conditions of cooperation with the Commission, the timing of notification of the fulfilment of the conditions of the leniency programme, the level of reduction of the fine and the issue of multijurisdictional leniency applications. In relation to the...
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EU Competition Law analysis of football transfer fees
Subhan, Adam ; Exner, Jan (advisor) ; Vondráčková, Aneta (referee)
EU Competition Law analysis of football transfer fees Abstract: In this master's thesis, I assess the compliance of the transfer fees used in football with EU Competition law. I submit that the transfer fee system in its current state is a decision of an association of undertakings that is not compliant with Article 101 TFEU due to the restriction it imposes on the player supply market. This restriction prevents small market clubs to recruit good players and compete with large market clubs. I argue that the restriction cannot be justified under the Meca-Medina framework since it does not achieve the alleged objectives. The system is not inherent in pursuit of improvement of competitive balance at all. Even though it is inherent to promotion of youth development, it goes beyond what is necessary, and as such is disproportionate to the restriction is causes. The system neither qualifies for the exception of Article 101(3) TFEU, since it does not result in any efficiencies. However, I suggest that the effects of the transfer fee system cannot be assessed in isolation, but rather in the context with other football regulation, especially revenue redistributive mechanisms and limits on spending. In this context, I found the transfer fee system to have an aggravating negative impact on competitive balance because....
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Application of EU Law in International Sports Arbitration
Paterová, Karolína ; Exner, Jan (advisor) ; Vondráčková, Aneta (referee)
Application of EU Law in International Sports Arbitration Karolína Paterová Abstract The aim of this thesis is to explore and analyse the possibilities for individual athletes of how to defend their rights with help of EU law. The premise of this thesis is the closed system of sports governing bodies and of further procedure at Court of Arbitration of Sports with the possibility to appeal to the Swiss Federal Tribunal is not always sufficient to protect rights of individual athletes. The author of this master's thesis first claims that if there is a decision in the international sports arbitration (decision of a sports governing body and then the one of CAS), an individual athletes should be able to seek the remedies through EU law. Secondly, two options of how to proceed in such case are provided. The author analyses each of them, especially by referring to the most significant judgements of the CJEU. The author also provides her opinion on both possible ways as well as on approach of sports governing bodies and of the Commission. The structure of this master's thesis is as follows. It first deals with the procedure in the international sports arbitration - which is the procedure before particular sports governing bodies followed by the appeal procedure at CAS. Then, it dives into the relationship between...
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Certainty of FRAND conditions when concluding license agreements for SEP in the system of European competition law
Vévoda, Ondřej ; Šmejkal, Václav (advisor) ; Vondráčková, Aneta (referee)
1 Certainty of FRAND conditions when concluding license agreements for SEP in the system of European competition law Abstract The diploma thesis examines the relationship of European Union competition law in relation to intellectual property rights, specifically standardized technologies using patents. The topic is currently at the forefront of interest with regard to technology development and the interconnection of global markets. Standardized technology is now increasingly used globally. The aim of this work is to determine whether there is a fixed method in the jurisdiction of the European Union, how to determine the license agreement for a patent for standardized technology under FRAND conditions, or whether there are a larger number of these methods. The second issue examined is to determine whether European competition law clearly provides undertakings with a procedure for negotiating a standardized technology patent license agreement in order to avoid infringing European Union competition law. The work takes into account the decision-making of judicial and other bodies in the matter, especially at the level of European Union institutions, but for a broader view, the methods of other jurisdictions with the highest GDP are given, namely the USA, Japan, China, Germany and the United Kingdom. In...
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Abuse of dominance on the internet
Netrval, Daniel ; Navrátil, Petr (advisor) ; Svobodová, Magdaléna (referee)
1 Abuse of dominance on the internet Abstract The topic of the thesis is the traditional competition law delict of abuse of dominant position, but on the internet. The first, theoretical, chapters of the thesis focus on the development of the concept of abuse of dominance in the European Union law during the past decades. Subsequently, they describe the digital market, its specifics and defining characteristics. The next part of this thesis uses this information to describe the specifics of competition law regulation in relation to internet services. In particular, the specifics of the definition of relevant markets and market power are analysed. The practical part of the thesis deals with a case study of two European Commission decisions. Namely, the merger decision in Case COMP/M.7217 - Facebook / WhatsApp and the abuse of dominance decision in Case AT.39740 - Google Search (Shopping). The first decision was chosen because it provides a good example of definition of the relevant markets in relation to internet services, where the Commission had to define the relevant product market based on product characteristics. The antitrust decision is then described in the light of its complexity and the judicial review that has already taken place. It also touches the issue of self-preferencing as, in principle, a...
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