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Predatory Pricing in Transport Sector: Case Study of the STUDENT AGENCY, s.r.o.
Dobiáš, Adam ; Vacek, Pavel (advisor) ; Vaško, Dan (referee)
Predatory Pricing in Transport Sector: Case Study of the STUDENT AGENCY, s.r.o. Abstract This paper deals with predatory pricing in transport sector. A situation when one company sells its product at a very low price, intending to illegally drive competitors out of the market. Aim of this paper is to discuss mentioned issues in transport sector and to explain methods of solving predatory cases according to the newest guidelines of the European Commission, national competition au- thorities and national courts. Market delineation, dominance determination and predation cost analysis is discussed. Not only theoretical aspect of predatory behaviour and its impact on competition but also a detection of predatory pri- cing by authorities is discussed. Special attention to the specifics of transport sector is given. The core of this paper is an analysis of STUDENT AGENCY, s.r.o. case from year 2008, when mentioned company was accused of predatory pricing on their bus line Praha-Brno. Keywords predatory pricing, antitrust, competition, re- levant market, dominance, transportation, SS- NIP test, Reverse Cellophane Fallacy, Office for the Protection of Competition, STUDENT AGENCY, s.r.o.
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Protection of a supplier against conduct of the contracting agency in public tenders
Blažková, Eva ; Plíva, Stanislav (advisor) ; Liška, Petr (referee)
Protection of a supplier against conduct of the contracting agency in public tenders The aim of this thesis is to analyze the legal instruments by which suppliers can defend against unlawful practises of contracting entity. The reason of choosing this theme is my deep interest in this sphere. Ever year, more than eight thousand tenders are announced in the Czech Republic. There are more than fifteen thousand contracting authorities. The public sector expends more than 600 billion Czech crowns on public procurement every year. The acting of subjects involved in the procurement proces is often unlawful. It is therefore necessary to set the legal framework of competition for public contracts so that it will be ensured prevention the unlawful procedures of subjects affecting the procurement process and ensure the most efficient spending of public funds. This thesis consists of four chapters. The first concerns the most important principles associated with public procurement. There are also examples of practical reflection of these principles to various statutory provisions. The second chapter is devoted to the juridical institut of objections to acts of the contracting authorities. Chapter three is focused on the public procurement supervision held by the Office for the Protection of Competition. The...
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Deficiencies in the conduct of contracting entities from the perspective of case-law of the Office for the Protection of Competition
Černý, Lubor ; Plíva, Stanislav (advisor) ; Eichlerová, Kateřina (referee)
The purpose of this thesis is to identify the most common and the most severe deficiencies in the conduct of the contracting authorities in the case law of the Office for the Protection of Competition and based on the data about numbers of these deficiencies in the past years and by taking into consideration the proposed legislative changes forecast the future development in the numbers and severity of the deficiencies in the conduct of the contracting authorities. In case of an adverse forecast correct aim of future legislative changes will be suggested so that the principles of transparency, equal treatment and non-discrimination would be protected and more efficient use of public funds would be ensured. The thesis is composed of eight chapters, each of them dealing with different aspects of the deficiencies of the contracting authorities. Chapter One is introductory. Chapter Two describes how the case law of the Office for the Protection of Competition was researched and used in this thesis. Chapter Three briefly describes the history of the Office for the Protection of Competition as the body which supervises the adherence to the Act on Public Procurement and as such provides the main source of case law and information for this thesis. Chapter Four is divided into five parts, each devoted to on...
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Supervision over public tenders
Kočárek, Radim ; Horáček, Tomáš (advisor) ; Liška, Petr (referee)
Supervision over public tenders This diploma thesis focuses on explanation and evaluation of the activity of the Office for the Protection of Competition as the authority entitled to assess complience with the Act no. 137/2006 Coll., on Public Contracts, during the process of public procurement. The thesis evaluates quality of legislative regulation on the supervision over public tenders and atempts to define problematic aspects of the matter and tries to suggest their solution. After an introductory part the thesis is devided into three main chapters. The goal of the first chapter is to provide necessary outline of terminology used by the Act no. 137/2006 Coll., on Public Contracts, including the key term of supervision over public tenders and the outline of the basic principles which the whole system of public procurement proceedings stands on. The first chapter also considerates important aspects of previous and current legislation. In chapter two I deal with the functioning of supervising activity over public tenders. It was necessary to outline general concepts of supervision including their advantages and disadvantages. Furthermore, this chapter focuses on outlining the scope of activities by which the Office for the Protection of Competition provided and which have been significantly...
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Public remedies of defense in tender procedure focusing on review in administrative procedure
Ošlejšková, Michala ; Vedral, Josef (referee)
Title: Public remedies of defense in tender procedure focusing on review in administrative procedure Abstract: I have chosen the topic related to the public procurement law for my rigorous thesis. With regard to the fact that the issue is really extensive, I decided to focus just only on the specific area which is the control mechanisms of public procurements. Thus, the name of the thesis is derived from this issue and it is as follows: "Public remedies of defense in tender procedure focusing on review in administrative procedure". The main purpose of the thesis was a systematic analysis of public remedies of defense of suppliers against illegal procedure of contracting authorities in respect of the relevant practice of the Office for the Protection of competition and administrative courts and then the review of their effectiveness. The research question, which is derived from the main goal of the thesis, represents the introduction into the writing and it is defined as follows: "Are the remedies of defense of suppliers against the illegal procedure of contracting authorities sufficient and effective?" The first part of the thesis is dedicated to the sources of public procurement law and to the interpretation of some principles of public procurement review. The next, crucial part of the thesis is already...
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Public law instruments to penalise the delict of restriction of competition
Pobříslo, Matouš ; Patěk, Daniel (advisor) ; Zahradníčková, Marie (referee)
Thesis title: Public law instruments to penalise the delict of restriction of competition. This paper deals with issue of public law instruments to penalise delicts of restriction of competition in its strict sense Act No. 143/2001 Coll., Act on the Protection of Competition. The goal was to describe and evaluate the procedure for imposing sanctions, with regard on problematic institutes, and to analyze changes related to reform of administrative penalisation. This paper deals with both instruments of administrative law and criminal law. The diploma thesis is divided into seven chapters and the introduction and the conclusion. The first chapter defines the concepts of competition, competition law and its enforcement, with a focus on public enforcement of competition law. The second and third chapters deal with sanction proceedings in competition-law cases and its differences from general regulation. In particular, it describes the procedure of penalisation with attention to new procedural legislation. The fourth and fifth chapters contain a description of the particular offenses and penalties imposed for their violation. The largest part is devoted to the determination of the specific amount of the fine and the specifics of imposing fines on public authorities. The sixth chapter deals with...
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Analysis of public procurement in the Czech Republic in 2006 to 2016
Karabcová, Aneta ; Chmelová, Pavla (advisor) ; Maule, Petr (referee)
This bachelor thesis analyzes the development of the legal and institutional framework of public procurement in the Czech Republic between 2006 and 2016 and its influence on key indicators of the Public Procurement Information System. The theoretical part provides the characteristics of public procurement, aspects of procurement procedures and cartels, which are further used in the analysis of selected indicators of the public procurement market and the findings of the Office for The Protection of Competition. The volume of assigned public procurements represents an important item of public expenditure each year and forms a significant share of the GDP of the Czech Republic. At the same time, it is the public procurement, which is affected by corruption, and therefore pursued by the media and the public. The thesis also deals with the findings of the Office for the Protection of Competition and with the function of the Supreme Audit Office, which has the function of control of public funds. Legislative framework of public procurement undergone an extensive content changes over the years and have had positive effects in many market sectors. Also after the approval of the latest public procurement law in 2016 and electronic public procurement system have been strongly backed by the so-called 3E principles and transparency of spending public funds and the principle of non-discrimination of tenderers.
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Effeciency of surveillance in field of public procurement by ÚOHS
Pavlas, Viktor ; Pavel, Jan (advisor) ; Tománková, Ivana (referee)
This bachelor thesis is about effeciency of public procurement control system in the Czech Republic. Main object of this thesis is Office for the Protection of Competition (Úřad pro ochranu hospodářské soutěže). In first theoretical part of this thesis are basic reason for controlling the public procurement market, control system itself: basic categorization of public procurements for purpose of regulation, Czech control system and few control systems of other countries of European union. In second practical part of this thesis is used survey to determine whether the control system of Czech republic is effective or not.
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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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An analysis of the decision making of the Office for the protection of competition
Šipkovská, Silvie ; Ochrana, František (advisor) ; Stehlík, Petr (referee)
The thesis deals with the nature of the decision-making of the Office for the Protection of Competition (hereinafter "the OPP") in the area of public procurement. The theoretical part describes the various methods used, the legislative framework for the decision-making processes of the OPP (from the point of view of the currently effective legislation and the new Act on public procurement), and summarizes theoretical assumptions. In the analytical part, selected decisions of the OPP from the years 2005-2015 are analysed, using descriptive and interferential statistical methods. In terms of the subject matter, the OPP most often conducts proceedings in relation to complaints against alleged violation of the prohibition of discriminatory practices. Decisions of the OPP are challenged before administrative courts in only 4% of cases, in spite of the fact that contracting authorities are found guilty of committing an administrative offense in almost 80% of the cases. Commonly imposed penalties are fines. The trend of decisions on guilt, as well as the imposition of fines, is growing, however, the level of fines remains unchanged. A contracting authority which awards a public works contract is more likely to be found guilty than a contracting authority awarding other public contracts. It is also more...
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