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Gun-jumping and EU merger control
Kregl, Jan ; Šmejkal, Václav (advisor) ; Pítrová, Lenka (referee)
Gun-jumping and EU merger control Abstract This thesis deals with the issue of gun-jumping under the EU Merger Regulation. On the EU level of competition law, gun-jumping is an infringement of the obligation to notify a concentration and the obligation not to implement such concentration before receiving Commission's clearance. Gun-jumping was, for a long time, a marginal and undeveloped topic within the context of EU competition law. However, over the years, the Commission has significantly tightened its grip over the undertakings that do not respect the basic principles of EU merger control procedures and imposed heavy penalties for such infringements. Over the last few years, gun-jumping has thus become one of the leading issues within the EU competition law. This thesis sets the objective to examine the evolution of the gun-jumping enforcement on the EU level. Furthermore, it aims to identify the various types of gun-jumping conduct from the undertakings' point of view and their subsequent assessment by the Commission. Finally, the thesis also seeks to identify the problematic and unclear areas of gun-jumping and the possible clarifications to be made by the Commission. To achieve these objectives, the author researches the academic literature on gun-jumping and examines the decision-making practice of...
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Arbitrability of Anti-competitive Agreements in the Law of the European Union
Pavelka, Tomáš ; Svoboda, Pavel (referee) ; Šmejkal, Václav (referee)
In the past, an Irish barrister and arbitrator James Bridgeman remarked that the arbitration of competition law is a meeting of two black arts. This perception has not changed since and yet, the adjudication of anti-competitive agreements in arbitration is an everyday event of real life. This thesis, after a brief summary of history of arbitrability of competition law, picks specific issues closely tied to current practical problems that arbitrators must face. First, whether arbitrators should consider themselves as being under obligation to raise competition issues of their own motion (ex officio) during arbitration proceedings, secondly, whether national courts of the EU Member States must automatically set arbitral awards in breach of competition rules aside and thirdly, whether arbitrators are in a good position to address complex antitrust questions properly and whether they can receive some help from the official competition authorities entrusted with primary enforcement of antitrust law. Mainly EU law will be covered here albeit with few brief excursions into particular problems of national law of the Czech Republic, to which this thesis endorses relevant solutions.
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Leniency Program in the Anti-competitive Agreements in the EU Competition Law
Černochová, Veronika ; Boháček, Martin (advisor) ; Nováková, Tereza (referee)
The anti-competitive agreements are collusions concerning certain cooperation among undertakings. However, despite European Commission´s long-standing efforts, the prohibited ones are nowadays still present on markets in a large extent as well. This thesis characterizes both vertical and horizontal agreements, including their positive and negative effects. Since the negative impacts usually prevail in the horizontal (cartel) agreements, the related legislation under the terms of EU competition law is described including the conditions, under which these agreements can be approved (particularly the article 101 (3) of the Treaty on the Functioning of the European Union, block exemptions and de minimis notice). In order to get access to the otherwise unobtainable evidence about their existence, the leniency program exists since 1996. Its European adaptation is compared to the version adopted in the Czech Republic and in the USA. The legal and economic effectiveness of this tool is analysed. Settlement procedure and prioritization are characterized as well, since they allow both the undertakings and the competition authorities to reduce their costs connected with the proceeding.
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Research and development cooperation from the perspective of competition law of the EU
Hebelková, Kamila ; Šmejkal, Václav (advisor) ; Pítrová, Lenka (referee)
Presented thesis is focused on research and development cooperation between companies from the perspective of the competition law of the European Union. The thesis analyses the evolution of the legislation applicable to on this kind of cooperation in the context of examined axis of laissez-faire - interventionism. The emphasis is put on convergence of the EU legislation for this category of collaboration with the regulations applicable for R&D agreements in the USA. The aim of presented thesis is to analyse and determine the direction of the European Union competition law regulation of research and development cooperation in the context of abovementioned axis, namely the evolution of block exemptions for this category of agreements. Apart from the coherent description of the applicable set of rules, the analysis aims to foresee the future evolution of these rules. .Another aim is to compare the European course of research and development legislation with the same kind of legislation in the USA. That is why presented thesis contains detailed analysis of the legislation applicable to R&D agreements in the USA. This objective was established in order to perform a proper comparison of both antitrust regulations and also for the purpose of analysis of convergence of these regulations. The last aim is to...
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Arbitrability of Anti-competitive Agreements in the Law of the European Union
Pavelka, Tomáš ; Svoboda, Pavel (referee) ; Šmejkal, Václav (referee)
In the past, an Irish barrister and arbitrator James Bridgeman remarked that the arbitration of competition law is a meeting of two black arts. This perception has not changed since and yet, the adjudication of anti-competitive agreements in arbitration is an everyday event of real life. This thesis, after a brief summary of history of arbitrability of competition law, picks specific issues closely tied to current practical problems that arbitrators must face. First, whether arbitrators should consider themselves as being under obligation to raise competition issues of their own motion (ex officio) during arbitration proceedings, secondly, whether national courts of the EU Member States must automatically set arbitral awards in breach of competition rules aside and thirdly, whether arbitrators are in a good position to address complex antitrust questions properly and whether they can receive some help from the official competition authorities entrusted with primary enforcement of antitrust law. Mainly EU law will be covered here albeit with few brief excursions into particular problems of national law of the Czech Republic, to which this thesis endorses relevant solutions.
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Arbitrability of anti-competitive agreements in the law of the European Union
Pavelka, Tomáš ; Svoboda, Pavel (advisor) ; Šmejkal, Václav (referee)
In the past, an Irish barrister and arbitrator James Bridgeman remarked that the arbitration of competition law is a meeting of two black arts. This perception has not changed since and yet, the adjudication of anti-competitive agreements in arbitration is an everyday event of real life. This thesis, after a brief summary of history of arbitrability of competition law, picks specific issues closely tied to current practical problems that arbitrators must face. First, whether arbitrators should consider themselves as being under obligation to raise competition issues of their own motion (ex officio) during arbitration proceedings, secondly, whether national courts of the EU Member States must automatically set arbitral awards in breach of competition rules aside and thirdly, whether arbitrators are in a good position to address complex antitrust questions properly and whether they can receive some help from the official competition authorities entrusted with primary enforcement of antitrust law. Mainly EU law will be covered here albeit with few brief excursions into particular problems of national law of the Czech Republic, to which this thesis endorses relevant solutions.
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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 powers and position of supervisory authorities in competition law
Tomicová, Jana ; Boháček, Martin (advisor) ; Vozáb, Jakub (referee)
This thesis is engaged in the analysis of powers and obligations of the European Commission and national courts in connection with the enforcement of the rules on competition aplying to undertakings especially articles 81 and 82 of The Treaty establishing the European Community, their development and anticipated amendments. Briefly it coniders the connection between the powers of the European Commission and national competition authorities and differences between them too, in particular the question criminal sanctins in competition law.
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