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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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Protection of economic competition in front of the limitation.
REZKOVÁ, Ivana
V první části práce je charakterizována hospodářská soutěž. Je zde vynaložena snaha porozumět tomu, jak by mělo být nastaveno právní povědomí a právní řád vzhledem k přirozenosti soutěže na jedné straně a nutnosti regulovat hospodářskou soutěž na straně druhé. Následně je věnována pozornost právní úpravě hospodářské soutěže napříč českým právním řádem. Dále jsou vymezeny praktiky nekalé soutěže. Ve druhé části je již řešeno jádro práce a tím jsou jednotlivé druhy kartelů, řízení před Úřadem na ochranu hospodářské soutěže a soudní přezkum rozhodnutí správního orgánu. V závěru práce jsou uvedeny praktické příklady jednotlivých kauz, které se týkají kartelů. Dále jsou zde předloženy rozsudky vydané Úřadem na ochranu hospodářské soutěže v prvoinstančním řízení a vydané rozsudky Nejvyšším správním soudem. Cílem této bakalářské práce je přiblížit fungování hospodářské soutěže v České republice se zaměřením na jednotlivé typy kartelů a zhodnotit činnost správních a soudních orgánů při aplikaci právních předpisů na ochranu hospodářské soutěže.
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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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Legal consequences of agreements interfering with economic competition
Sloupová, Jana ; Horáček, Vít (advisor) ; Eichlerová, Kateřina (referee)
This work presented here, named "Legal consequences of agreements interfering with economic competition" seeks to answer several questions, that are dealt with in five sections. Principal notions are explained in first three chapters. The core of the work is found in chapters four and five. The first part describes the competition policy in general. Precise definition of Competiton doesn't actually exist. In practice the economic-viewed interpretation is mostly used. It is a very dynamic process, which, as history shows us, needs for its effective functioning not only to be secured by fundamental freedoms, but also needs a framework of strict rules of law. These boundaries are established by the Competition Law. This branch of law overlaps both the Public law and Private law. My work addresses ontly the part of the Competition Law that depicts protective methods concerning anti-competitive agreements and its violations. Regarding the applicable law sources needs to be examined within the frame of the membership of the Czech Republic in European Union. The third part deals with prohibited agreements in the scope of the Substantive Law. An interesting point of view is brought in by comparing particular characteristic features and its concept with regard to the decisional practice of both The European...
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An Impact of the Leniency Program and the Institution of Settlement upon the Civil Enforcement of Competition Law
Knebel, Petr ; Šmejkal, Václav (advisor) ; Svoboda, Pavel (referee)
Impact of the Leniency Program and the Institution of Settlement upon the Civil Enforcement of Competition Law Keywords: competition law, leniency program, private enforcement of competition law The purpose of this thesis is to assess the mutual interference between the private and public enforcement of competition law. In the public enforcement there is growing trend of using modern tools such as leniency programme or settlement decisions. These are based on the cooperation between competition authorities and undertakings. On the other hand such cooperation and very often disclosure of confidential information by undertakings may threaten their position in terms of potential civil law suits by consumers or business partners. It is often claimed that private and public enforcement are complementary but when it comes to these modern tools a clear conflict arises. The thesis consists of two following two chapters. First chapter describes the evolution of private enforcement of competition law within EU. From its underdeveloped beginnings ten years ago it started to attract attention. European Commission has recently published a proposal of a directive which should foster the private enforcement within EU. Second half of the first chapter describes the development of new modern tools within the public...
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Efficient enforcement of cartel law
Fenclová, Eva ; Horáček, Vít (advisor) ; Horáček, Tomáš (referee)
Efficient enforcement of cartel law This thesis deals with the issue of effective enforcement of cartel law, focusing on the interaction between public and private enforcement. The aim of this thesis is to compare the enforcement systems of cartel law in Czech, European and American legal systems, in particular to compare the form and functioning of two key tools of public and private enforcement, i.e. the leniency program and the actions for damages, to analyse the interaction between them, reveal the main tension and finally to compare the solutions to this conflict that are offered by different legal systems. I am comparing the solutions offered by current legislation in the EU and the Czech Republic with the solutions of US antitrust law where both tools coexist and have been successfully operating for some time. On the basis of such comparison I will try to determine whether the current solution is effective or whether there exists a more suitable one. The thesis consists of three parts. The first part is divided into two chapters, where the first chapter defines the basic terminology that relates to the issue of antitrust law enforcement. Further it contains a description of relevant sources of law. The second chapter deals with various antitrust law enforcement models which operate within...
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Omezování obchodní činnosti prostřednictvím zakázaných dohod
Smutná, Jana
Smutná, J. Restricting business through prohibited agreements. Diploma thesis. Brno: Mendel University, 2020 The thesis deals with the issue of protection of competition. Particular at-tention is paid to prohibited agreements. In the first part of the thesis are defined the basic concept of competition. The second part describes practical examples. Based on the information obtained, recommendations are proposed and risks of prohibited agreements are identified.
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Cartels and Leniency program
Kašparová, Kristýna ; Boháček, Martin (advisor) ; Hubková, Pavlína (referee)
The final thesis deals with cartels and Leniency program, which is considered an effective tool for the detection of prohibited horizontal agreements. The aim of the thesis is to evaluate the effectiveness of Leniency program in the Czech Republic. At the beginning of the work I focus on cartel in legal and economic terms, then on forms and types of horizontal agreements, the so called hard-core cartels, which can apply the Leniency program. The intention of this work is legal, functional and historical analysis of Leniency program from the beginning to the present, emphasizing the changes that lead to greater efficiency in the use of this investigative tool and related problem areas eg. the criminalization of cartels, private enforcement of competition law and settlement procedure. In the end of the thesis I evaluate the Leniency program's effectiveness based on statistical data and especially the presentation of the most important cases in which this institute was applied, demonstrating its irreplaceable role in the detection of horizontal agreements by the Office for the Protection of Competition.
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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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Application of the Leniency Programme before the Office for The Protection of Competition from 2013 to 2016
Szewczyková, Julie ; Vostrovská, Zdenka (advisor) ; Pekárek, Štěpán (referee)
In 2013 Act on the Protection of Competition was amended and there was added a section § 22ba on direct application of the leniency programme. Following the amendment the Office for the Protection of Competition published a new version of the leniency programme. This Bachelor thesis focuses on deeper analysis of the historical development of the programme in the European and Czech environment. The main basis of this work is to analyse the changes that have led to more successful application of the leniency programme in proceedings before the Office. Since 2013 the Office has recorded two-times increase of applications for waiver or reduction of fines which arises from better legal certainty of the applicants. The Office in its proceedings systematically violates the Administrative Procedure, prolongs proceedings inefficiently and in some cases it even significantly exceeds a specified time limited period for issuance of acts. The thesis presents the use of the leniency applications on several specific law cases.
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