|
|
New Approaches to Assessing Abuse of Dominant Position in relation to Standard Essential Patents in EU Competition Law.
Květoň, Robert ; Šmejkal, Václav (advisor) ; Vondráčková, Aneta (referee)
1 NEW APPROACHES TO ASSESSING ABUSE OF DOMINANT POSITION IN RELATION TO STANDARD-ESSENTIAL PATENTS IN EU COMPETITION LAW ABSTRACT The present thesis deals with the assessment of abuse of dominance in relation to a Standard- Essential Patents as a globally developing phenomenon of recent years. The assessment of abuse of dominance is examined in the context of EU competition law, in particular in the light of recent decision-making practice of the European Commission and the Court of Justice of the EU. This thesis examines whether European competition law is close to finding a firm standard in assessing abuses of dominance by competitors who benefit from intellectual property rights from patents on standardised technology. This firm standard is specified in two ways. The first level is whether in EU competition law the unwillingness of the owner of the Standard-Essential Patent to license such a patent is considered as an abuse of a dominant position. On the second level, it analyses under which circumstances a negatory action brought by a Standard-Essential Patent owner against a licensee in bad faith can be considered as an abuse of his dominant position. In Chapter 2, the thesis introduces key concepts related to Standard-Essential Patents and standardisation. Chapters 3 and 4 analyse the decision-making...
|
|
|
Use of Theories of Harm in The Application of Article 102 TFEU
Jakab, Miroslav ; Šmejkal, Václav (advisor) ; Kunertová, Tereza (referee)
Use of Theories of Harm in the Application of Art. 102 TFEU Abstract This master's thesis presents a study of the impact of European Union competition law on the area of abuse of dominance. It maps the usage of the effects-based approach and consumer welfare standard in abuse of dominance cases pursuant to Article 102 of the Treaty on the Functioning of the European Union. This is done by an analysis of the theories of harm advanced in the case law of the European Commission in prohibition decisions from the last twenty years. The thesis begins by a theoretical discussion and outline of the boundaries to the Commission's discretion in this area, as set by Union courts. Then, a short description of the process of competition law modernisation in Europe continues. In the subsequent analytical part, the cases are tested against two criteria. The first criterion is whether the Commission has analysed the actual or likely effects of a dominant undertaking's conduct. The second criterion is whether the Commission tested the pertinent conduct against a consumer welfare standard. In the final chapter, the results of the analysis are discussed. The conclusion of this thesis is that the Commission's case law did shift to a more effects- based approach over time and that the Commission does attempt to take the...
|
|
|
Forms of abuse of Dominance in the Area of the Internet Platform
Čížek, Ondřej ; Šmejkal, Václav (advisor) ; Vondráčková, Aneta (referee)
Forms of abuse of dominance in the area of the Internet platforms The thesis is dedicated to the topic of abuse of dominant position in the area of the Internet platforms. Its aim is, firstly, to outline the challenges arising from the specific nature of the area, which might, from the competition-authorities' point of view, complicate the enforcement of competition law in the case of abuse of dominance. Secondly, the thesis tries to find the answer on the question to what extent these problems have been reflected in the existing decision-making practice. The structure of the thesis is divided into four main parts. The first part is an introduction. The second part provides an essential introduction to the area in question. It defines the term "Internet platform", provides an overview of the most important types of the Internet platforms and describes the specifics of the area in question, whose description is essential for the following parts. The third part analyses the problems that competition law may face in the context of possible abuse of dominance within the meaning of Art. 102 TFEU in the area of the Internet platforms. This section is divided according to three basic steps of a competition analysis of abuse of dominance, i.e. definition of the relevant market, the determination of market...
|
|
|
Chinese Antimonopoly Law in the Light of Competition Law of the European Union : Comparative Perspective
Dufková, Barbara ; Šmejkal, Václav (advisor) ; Tomášek, Michal (referee)
Chinese Antimonopoly Law in the Light of Competition Law of the European Union: Comparative Perspective. The subject of the thesis is the comparative analysis of Chinese antimonopoly law and competition law of the EU. The thesis aims to identify the traces of the competition law of the EU in Chinese antimonopoly law as well as analyze transplanted legal concepts, in order to determine, whether these concepts are endowed with the same normative reach. The first part of the thesis provides brief introduction into the history of antimonopoly law in PRC. Following chapters analyze relevant parts of AML and implementing regulation, which are after short description of the corresponding arrangement in European law compared with the latter. General principles and definitions, which are applicable in all pillars of competition law, are dealt with in the first place. Further the analysis of the agreements restricting competition, abuse of dominance, as well as mergers of undertakings follows. With regard to the importance of effective application of antimonopoly law in practice, a short chapter is also devoted to the role of courts in implementation of antimonopoly law in PRC. The closing part sums up the pillars of competition law, which have been built on the model of the competition law of the EU and...
|
|
|
Evaluation of the Office for Protection of Competition Decisions Regarding Abuse of Dominance with an Effects-Based Approach
Hruban, Jiří ; Vacek, Pavel (advisor) ; Matoušek, Jindřich (referee)
The bachelor thesis evaluates decisions of the (Czech) Office for the Protection of Competition (OPC) in abuse-of-dominance cases with an emphasis on its impact on consumers. The first part briefly summarises available effects-based approaches to abuse of dominance. The second part analyses five particular cases that were decided by the OPC. The author points out several recurring weaknesses of the OPC's economic reasoning. In some instances, the OPC seems to be using selective economic argumentation only to support the result at which it arrived by intuition. Economic evidence is thus interpreted with respect to the pre-defined conclusion; it is not investigated unbiasedly, and resulting justification is unsound. Although the OPC knows a wide variety of tools for economic analysis, it is sometimes unable to identify the situations at which individual tools should be applied. Keywords Office for the Protection of Competition, competition, abuse of dominance, antitrust, effects- based approach, market power, case studies HRUBAN, Jiří: Evaluation of the Office for Protection of Competition's Decisions Regarding Abuse of Dominance with an Effects-Based Approach. 56 p. Bachelor thesis. Charles University, Faculty of Social Sciences, Institute of Economic Studies. Supervisor: Pavel Vacek.
|
|
|
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.
|
guest ::
