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Veřejné zakázky a bid rigging
Krejčová, Hana
The Diploma thesis deals with the public procurement issue and the bid rigging. The first part of this thesis is focused theoretically on related legislation of public procurement in the Czech Republic. Herein are in this thesis defined public pro-curements and their types, role of contracting authority and award procedure. The further chapter is devoted to the bid rigging and to its theoretical background. The second part of thesis analyses decisions of the case law of bid rigging, influence of the bid rigging. Furthermore, there are suggested the possible results of detection and prevention of bid rigging.
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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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Protection of Competition and the leniency program
Krausová, Simona ; Bič, Josef (advisor) ; Jeníček, Vladimír (referee)
The diploma thesis addresses the issue of the effect of the introduction of leniency program and its reforms on the European competition policy and above all of its effect on investigation of forbidden cartel agreements. Leniency program is currently one of the main tools being implemented in fighting cartels. It works by providing immunity to the first company that provides relevant proof of the cartels existence. This work has three main goals. Firstly it aims to analyse the effectiveness of the leniency program and its reforms when it comes to uncovering cartels. The second goal is to unveil the European Commissions strategy concerning granting leniency and its development over the time. The last goal is to provide a quality analysis of all three forms of leniency and their mutual comparison. This diploma thesis is divided into four chapters: two theoretical and two practical chapters. The first one explains the issue of cartel agreements, individual types of cartels, investigation and its methods and the principals of imposing fines. The analysis of the leniency program itself, its introduction in 1996 and the following reforms in 2002 and 2006 will be the main topics of the second chapter. The third chapter contains the analysis of all Commissions decisions against cartels from 1993 till April 2016. It contains data relating to the development of number of decisions, the amount of fines, the size of the cartels and the percentage of the leniency granted in this period. The forth and the last chapter will focus on a case study of the LCD cartel and on the basis of theoretical findings contained in the first two chapters it will uncover the principles of this particular cartel and the investigation procedures.
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Fight against cartels in public procurement in the Czech Republic
Šedová, Kristýna ; Šimíček, Petr (advisor) ; Chmelová, Pavla (referee)
This bachelor thesis thematizes cartels in public procurement in the Czech Republic, their monitoring, detection and penalisation. Based on theoretical knowledge of cartels, public procurement and bid rigging it analyzes and compares value of penalty with economic indicators of companies behaving dishonestly. The Czech Office of the Protection of Competition harmonizes the setting of penalties with European Commission. However, the thesis concludes that the punishments are considerably benevolent. Although the aim is not to get the firm to liquidation, it will be difficult to eliminate breaking the competition without some stricter preventive measures starting with the higher penalties.
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Criminal liability for breaching Competition Law
Najmanová, Nikola ; Boháček, Martin (advisor) ; Vozáb, Jakub (referee)
The aim of this paper is to analyze criminal liability for breaching competition law. The main part of this thesis is dedicated to criminalization of cartels in the Czech Republic analysis which uses comparison to other jurisdictions such as USA and EU because it is trying to answer the question whether criminalization of uncompetitive conduct in the Czech Republic has a potential to become an efficient mechanism for fighting cartels in particular. And this criminalization has a positive effect on other competition law enforcement systems. The first chapter is dedicated to the explanation of basic terms related to the competition and competition law. Second chapter explains what cartel agreements are and what types of public and private enforcement exists to fight them. Also it points out to the trend of cartel criminalization. Third chapter analyzes cartel enforcement in USA as a model country in this area of law. Chapter number four looks into the EU legislation since it applies to the Czech Republic. Also it looks at individual member states steps towards fighting cartels. The last chapter dealing with cartel agreement analyzes the Czech Republic's legislation. This analysis is supported by previously acquired knowledge of US and EU legislations which is used to make comparisons. Final chapter continues with the analysis of Czech legislation however this time with unfair competition in order to provide a complete picture of criminal liability when breaching the competition law.
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Cartel identification in public procurement.
Zhulmanova, Ainur ; Pavel, Jan (advisor) ; Zídková, Hana (referee)
The aim of this bachelor thesis is to present current methods of cartel identification in public procurement. Antitrust authority pays attention to public cartels because of its topicality and considerable damages. Antitrust authority uses economic indicators and suspicious signals from participations of auction. Conclusion is that antitrust policy and its improvement are essential for early cartel detection.
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Violating European Union competition rules
TĚHNÍKOVÁ, Eva
The objectiv of my dissertation is mainly to introduce the problems of economic competition to the readers and to refer to the incidents of anti-competitive practices. In the introduction I defined the European Community from the historical aspect and I named all the legislative rules and contracts, that are pivotal to the European Community. In order to define in more profound terms I applied myself to Treaty of the establishement of the European community (articles 81 and 82 EC). Moreover, the readers can gain insights into various forms of violating the rules of economic competition such as abuse a position of dominance, dumping, mergers and acquisition, cartels, developing countries, ect. The practical part is based on the most serious anti-competitive practices in the European Community, which was handled by the European Commission, European Court of First Instance and by the antimonopol offices. At the end of my work, there are some practical tips for the companies, which either consciously or unconsciously behave anti-competitively which influences the common European market. The main sources of my dissertation were the basic treaties of the European Community, the Treaty of Maastricht, the Treaty of Amsterdam and treaty of Nice.
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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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