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Collective Actions in Selected Legal Systems from a Consumer Protection Perspective
Nováčková, Daniela ; Šmejkal, Václav (advisor) ; Svobodová, Magdaléna (referee)
Class Actions in Selected Legal Systems from a Consumer Protection Perspective The thesis is dedicated to the topic of collective actions in the new legislation at the EU level (contained in Directive 2020/1828 on representative actions1 ) and in the national legislation in selected EU Member States - the Czech Republic, Poland and Portugal. The aim of the thesis is to examine and evaluate which legislation on collective actions for damages is the most favourable for consumers in the selected EU Member States and thus provides the greatest level of legal protection for consumers. In the case of the Czech Republic, the legislation under examination is that contained in the Draft Act on collective proceedings,2 which has not yet been enacted into law. At the same time, the thesis examines whether the Directive on representative actions at all provides EU Member States with a legal framework allowing them to set up national legislation on collective actions in the most consumer-friendly way. The structure of the thesis is divided into 9 chapters. The Introduction is followed by Chapter 2, which starts by introducing some basic terms in the field of collective actions, such as collective action, opt-in and opt-out systems, etc., of which the understanding is essential for the following chapters....
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The status of indirect customers in lawsuits for compensation of loss caused by a breach of competition law
Moravová, Veronika ; Šmejkal, Václav (advisor) ; Scheu, Harald Christian (referee)
Resumé The thesis elaborates on the indirect purchaser's standing in disputes for damages caused by a breach of competition law. Its main purpose is to describe and, consecutively, compare the American and European approach to private enforcement of competition law or, more specifically, selected aspects of regulation relating to indirect purchasers. It should be noted that while the roots of the American model of private enforcement date back to the 19th and 20th century, Europe started to pay increased attention to this topic in the 21st century. This fact obviously raises the question of whether and to what extent was the EU inspired by the American model in forming a European approach to private competition law enforcement. For years, this issue has not been regulated on the European level at all. Nevertheless, this changed with the adoption of a landmark Directive 2014/104/EU which shed new light on European conception of private enforcement of competition law. The thesis is divided into three chapters. The first chapter introduces the subject and aims to put the topic at hand into broader context. The private pillar of competition law enforcement, its advantages and disadvantages as well as its relation to the public pillar are described on a few pages. Subsequently, the history and current state of...
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The status of indirect customers in lawsuits for compensation of loss caused by a breach of competition law
Moravová, Veronika ; Šmejkal, Václav (advisor) ; Scheu, Harald Christian (referee)
Resumé The thesis elaborates on the indirect purchaser's standing in disputes for damages caused by a breach of competition law. Its main purpose is to describe and, consecutively, compare the American and European approach to private enforcement of competition law or, more specifically, selected aspects of regulation relating to indirect purchasers. It should be noted that while the roots of the American model of private enforcement date back to the 19th and 20th century, Europe started to pay increased attention to this topic in the 21st century. This fact obviously raises the question of whether and to what extent was the EU inspired by the American model in forming a European approach to private competition law enforcement. For years, this issue has not been regulated on the European level at all. Nevertheless, this changed with the adoption of a landmark Directive 2014/104/EU which shed new light on European conception of private enforcement of competition law. The thesis is divided into three chapters. The first chapter introduces the subject and aims to put the topic at hand into broader context. The private pillar of competition law enforcement, its advantages and disadvantages as well as its relation to the public pillar are described on a few pages. Subsequently, the history and current state of...
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