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Legal and Economic Aspects of Cartel Agreements in the Czech Republic
Matějka, Martin ; Hrabincová, Dagmar (referee) ; Blažek, Jiří (advisor)
The thesis is dealing with Impact of Cartel agreement on individual subjects of Competition within the Scope of wider macroeconomic context. On the basis of predicted behavior at microeconomic level are outlined possible macroeconomic Impacts. Current practice in protecting Competition in the Czech Republic is delimited in the perspective of possible philosophy-political approaches emphasizing the legal framework. Competition protection is generally aimed at consumer welfare, which can be considered to be the primal target. Fundamental terms are defined on the basis of factual usage with the focus on the problematical questions in practice. In the practical part is briefly introduced proceedings course including possible remedies.
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Competition Protection in Network Industries
Zajíček, Miroslav ; Tomášek, Michal (advisor) ; Bažantová, Ilona (referee) ; Ježek, Tomáš (referee)
Title: Competition Protection in Network Industries Abstract: I provide description of relevant markets within electroenergy industry in European countries since after liberalization movements of the last 20 years the development of these markets open new issues in antimonopoly legislation to be passed and in antimonopoly practice to be solved. The key term of any antimonopoly issue is the relevant market. Hence, its definition as provided by case law of European Commission and European Courts is crucial for companies as well as regulators to understand in order to be able to pursue their activities. As I show, after 20 or so years, the countries of the EU at least in electroenergy area are no closer to the Single Market as they were at the beginning of 90s before liberalization of electricity markets began and there is no sign of improvement for year to come. This thesis provides an overview (the tools and analyses) that can be used to explore individual national relevant markets in the area of electroenergy business. For further research it is worth exploring detailed analysis of relationship between price development and degree of competition, phasing of market opening, protection of small consumers and RES support within individual national energy systems. Keywords: competition, competition law and...
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Competition Law - Control of Concentrations between Undertakings
Luptáková, Lucia ; Horáček, Vít (advisor) ; Čech, Petr (referee)
The subject of this thesis is the control of mergers as it is regulated by Czech laws. Control of mergers is one of the cornerstones of competition law. Competition is an important attribute of the market oriented economies all over the world. Since it is not capable of self-regulation it is necessary to set limits for the behavior of the subjects that are taking part in this competition. These limits are set by competition law. The topic is divided into three chapters. The first chapter contains definition of the term competition, in the second there are described basic terms common to all areas of competition law, while at the end of this chapter there is a description of these areas. In the last chapter focus is on control of concentrations itself in the ambit of Czech law. The aim of this work is to describe merger control as it is provided by Act No. 143/2001 on Protection of Competition (ZOHS). The emphasis is on describing different forms of merger and their characteristics which must be met so that a certain transaction could be classified as a merger. Furthermore, this work provides information on conditions that must be fulfilled so that a merger, division of a company and termination of the company accompanied by transfer of assets to its partner - according to the Czech law on...
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Protection of Economic Competition - Agreements Violating Competition
Kianková, Lucie ; Horáček, Vít (advisor) ; Josková, Lucie (referee)
Protection of Economic Competition - Agreements Violating Competition The aim of this thesis is to investigate and analyze legal relations arising from the anti-competitive agreements according to Czech law on the one hand and according to European law on the other hand. The thesis emphasizes analysis of the relevant judicature of respective courts and public authorities because this area of law is significantly amended by the case law. The first chapter defines and specifies general terminology regarding protection of economic competition. This part provides comprehensive interpretation of the relevant legal regulations regarding anti-competitive agreements, describes the mutual relation between the terms, and points out some issues of the current legislation. In the second chapter author focuses on the issues of anti-competitive agreements and gives their analysis in terms of form, participants and their distinction. Further, this chapter includes demonstrative specification of the particular state of facts of anti-competitive agreements. The last chapter provides a detailed analysis of selected questions from the perspective of the relevant judicature of respective courts and public authorities. Author chose two cases decided by Czech courts and two European cases. The cases have been chosen...
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Regulation of electronic communication market in terms of protection of economic competition
Sedláčková, Monika ; Horáček, Vít (advisor) ; Horáček, Tomáš (referee)
The aim of my thesis is to analyse regulation of electronic communication market with regard to competition law aspects. Electronic communication sector of nowadays globalized world is developing rapidly and represents a precondition for the economic growth. Due to the characteristics of a network industry and the fact that this sector was regulated historically by monopoly firms owned by the state, the purpose of this paper is to identify which difficulties this market has to face through the dualistic regulation. To secure a fair competition with equal conditions for competitors operating electronic communication networks or providing electronic communication services is not an easy task, nevertheless it's essential for the welfare of the consumers. My thesis is composed of six main chapters. In the first one, I provide the definitions of the main terms which are related to this topic. Moreover, I focus on the characteristics of the electronic communication sector and integrate the topic into the historical context. In particular, I describe the beginning of the liberalisation of this sector and provide an outline of the harmonisation process which is represented by the legal provisions adopted by the European Union. Second and the most extensive chapter is dedicated to ex ante regulation which...
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Non-compete clauses in the competition law of the European Union and selected member states.
Klímová, Eva ; Šmejkal, Václav (advisor) ; Navrátil, Petr (referee)
Non - compete clauses in the competition law of the European union and selected member states This diploma thesis is focused on the use and regulation of non-compete clauses in the competition law of the European Union, the Czech Republic and Great Britain. The aim of this thesis is to analyse the applicable regulation and decision-making practice of the relevant authorities concerning the non-compete clauses in the selected jurisdictions, draw a comparison between them and, at the end of each chapter, make an evaluation to what extent does the relevant practice differ on the level of European law, the law of the Czech Republic or Great Britain. The thesis is mainly dedicated to the use of non-compete clauses in lease and acquisition agreements. The first chapter is focused on the theoretical introduction to the matter, containing a short summary of the fundamental regulation and soft law of the competition authorities. The second chapter is centred around the analysis of decisions concerning the non-compete clauses in lease agreements. The individual decisions are examined and compared at the end of the second chapter. The comparison is made by using the division of the anti-competitive agreements to the categories of "object-type agreements" and "effect-type agreements". The third chapter is concentrates...
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Concentration of Undertakings within Protection of Czech Competition
Radvanovská, Alice ; Patěk, Daniel (advisor) ; Černá, Stanislava (referee)
Concentration of Undertakings within Protection of Czech Competition The subject of this diploma thesis is to define the subject of concentration of undertakings, which is one of the parts of competition protection, and to define the way of control of such concentration in the Czech legal order. Without the functioning of competition, the functioning of trade cannot be imagined, and since self-regulation of trade has proved to be inadequate over time, there was nothing else to do than to introduce a regulation regulating the behavior of market players. These standards gave rise to a new branch of law, i.e. competition law. The thesis is divided into nine chapters, the first four being rather interpretative, because they explain the basic concepts and terms used by the Act on the Protection of Competition and the European Commission. The fundamental issue of this work is to explain the definition of the concentration as such, in which, without knowing the various forms of concentration, it would not be possible to correctly identify the operation and properly notify the competition authority. Next, I deal with the procedure of the competitors and subsequently of the Office for the Protection of Competition (hereinafter referred to as "the Office") in the proceedings. I consider significant the adaptation of...
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Legal aspects of dominant position
Topinková, Kateřina ; Horáček, Vít (advisor) ; Rozehnal, Aleš (referee)
Smyslem práce bylo popsat a kriticky zhodnotit právní úpravu dominantního postavení a s ním úzce spojené vymezení relevantního trhu v prostředí České republiky, Evropské unie a kolébky moderního antitrustového zákonodárství Spojených států amerických. Důraz byl kladen na komparativní analýzu systémů, zejména co se týče vymezení klíčových pojmů a celkového přístupu. Nastíněn byl historický vývoj soutěžního práva se zaměřením na dominantní postavení, jehož určení může mít pro soutěžitele nepříjemné následky a nutnost větší opatrnosti. Následně byly podrobněji představeny úpravy ve vymezených systémech s ohledem na zásadní otázky stanovení dominantního postavení na trhu současně s podrobným představením vymezování relevantního trhu, kde se následně dominance určuje, přes průběžné objasňování a diskutování dalších pojmů v právních předpisech využívaných. Značný prostor byl věnován problematice substituovatelnosti výrobků a služeb, který představoval základní úskalí při vymezování relevantního trhu. Při výkladu bylo pracováno zejména s právními předpisy, klíčovými rozhodnutími soudních orgánů, doplňkovými výkladovými materiály a odbornou literaturou. Práce také částečně hodnotí účelnost a funkčnost úpravy. V praktické části práce byly rozebrány dva vzorové případy Úřadu pro ochranu hospodářské soutěže,...
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Protection of Economic Competition - Agreements Violating Competition
Kianková, Lucie ; Horáček, Vít (advisor) ; Josková, Lucie (referee)
Protection of Economic Competition - Agreements Violating Competition The aim of this thesis is to investigate and analyze legal relations arising from the anti-competitive agreements according to Czech law on the one hand and according to European law on the other hand. The thesis emphasizes analysis of the relevant judicature of respective courts and public authorities because this area of law is significantly amended by the case law. The first chapter defines and specifies general terminology regarding protection of economic competition. This part provides comprehensive interpretation of the relevant legal regulations regarding anti-competitive agreements, describes the mutual relation between the terms, and points out some issues of the current legislation. In the second chapter author focuses on the issues of anti-competitive agreements and gives their analysis in terms of form, participants and their distinction. Further, this chapter includes demonstrative specification of the particular state of facts of anti-competitive agreements. The last chapter provides a detailed analysis of selected questions from the perspective of the relevant judicature of respective courts and public authorities. Author chose two cases decided by Czech courts and two European cases. The cases have been chosen...
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Regulation of electronic communication market in terms of protection of economic competition
Sedláčková, Monika ; Horáček, Vít (advisor) ; Horáček, Tomáš (referee)
The aim of my thesis is to analyse regulation of electronic communication market with regard to competition law aspects. Electronic communication sector of nowadays globalized world is developing rapidly and represents a precondition for the economic growth. Due to the characteristics of a network industry and the fact that this sector was regulated historically by monopoly firms owned by the state, the purpose of this paper is to identify which difficulties this market has to face through the dualistic regulation. To secure a fair competition with equal conditions for competitors operating electronic communication networks or providing electronic communication services is not an easy task, nevertheless it's essential for the welfare of the consumers. My thesis is composed of six main chapters. In the first one, I provide the definitions of the main terms which are related to this topic. Moreover, I focus on the characteristics of the electronic communication sector and integrate the topic into the historical context. In particular, I describe the beginning of the liberalisation of this sector and provide an outline of the harmonisation process which is represented by the legal provisions adopted by the European Union. Second and the most extensive chapter is dedicated to ex ante regulation which...
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