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The leniency programme in the european and czech cartel law
Tučková, Zuzana ; Svoboda, Pavel (advisor) ; Šmejkal, Václav (referee)
The aim of this thesis is to introduce the concept of the leniency programme and to describe its development and current legal regulation in the European Union and the Czech Republic, to evaluate its rules, its effectiveness and morality. The thesis also explores the relationship between leniency programme and other instruments in antitrust law enforcement. Leniency programme lies in granting full or partial immunity from sanction to the member of a cartel that reports the existence of this cartel to the antitrust authority. The thesis describes the key features of an effective leniency programme and compares these general postulates with real facts from the practise of the European Commission and the Office for the Protection of Competition. The thesis continues with pointing out the differences between European Commission notification issued in the years 1996, 2002 and 2006 and it describes how the programme works nowadays. It also focuses on the cases in which the Commission used the leniency programme. It also deals with the issue of European Competition Network and its Model Leniency Programme. Then it describes the leniency programme in the Czech Republic and the decisions by the Office for the Protection of Competition on the basis of leniency application. The comparison of Czech and...
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Leniency Program in the Anti-competitive Agreements in the EU Competition Law
Černochová, Veronika ; Boháček, Martin (advisor) ; Nováková, Tereza (referee)
The anti-competitive agreements are collusions concerning certain cooperation among undertakings. However, despite European Commission´s long-standing efforts, the prohibited ones are nowadays still present on markets in a large extent as well. This thesis characterizes both vertical and horizontal agreements, including their positive and negative effects. Since the negative impacts usually prevail in the horizontal (cartel) agreements, the related legislation under the terms of EU competition law is described including the conditions, under which these agreements can be approved (particularly the article 101 (3) of the Treaty on the Functioning of the European Union, block exemptions and de minimis notice). In order to get access to the otherwise unobtainable evidence about their existence, the leniency program exists since 1996. Its European adaptation is compared to the version adopted in the Czech Republic and in the USA. The legal and economic effectiveness of this tool is analysed. Settlement procedure and prioritization are characterized as well, since they allow both the undertakings and the competition authorities to reduce their costs connected with the proceeding.
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Leniency programme in competition law
Duch, Martin ; Horáček, Vít (advisor) ; Klee, Lukáš (referee)
This thesis deals with a legal framework of leniency programme. The program provides imunity or fine reduction from government penalties to the first member of a cartel in exchange for cooperation. The aim of the thesis is to evaluate effectiveness and functioning of the Czech and European leniency program, effects in practice and current challenges the program is facing. In introduction thesis deals with general requirements for an effective leniency program, further with development of the program in the EU and the Czech Republic with focus on progress towards more efficient, transparent and attractive system and application practice of the Commission, and. Office for Protection of Competition. It briefly introduces the European Competition Network and Model Leniency programme. Another part deals with the private enforcement of competition law in context of the current case law concerning access to the file and protection of leniency materials.
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Protection of business competition - agreements interfering with competition
Krabec, Martin ; Horáček, Vít (advisor) ; Čech, Petr (referee)
Protection of business competition - agreements interfering with competition Agreements interfering with competition are a significant threat to proper functioning of the competition. Leniency programmes are a powerful tool for the purpose of detection and termination of cartels. This thesis focuses mainly on the regulation contained in the Czech national law. The Community law can not be ignored though as the national law is closely connected therewith. The first part of this thesis contains mainly a basic definition of agreements interfering with competition, their division according to their content as well as division to horizontal and vertical agreements which is important to assess agreements with an insignificant impact on the competition. When assessing the influence of an agreement it is also necessary to take legal and block exemptions into account. The most important cartel assessed by the Office for the Protection of Competition so far is an agreement on the gas insulated switchgear market. For this agreement having a form of bid rigging the Office imposed the highest fine in its history. But this case also demonstrates a frequent problem of significant delays in the court proceedings, which are often initiated by legal actions of undertakings against decisions of the Office for the...
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The leniency programme in the european and czech cartel law
Tučková, Zuzana ; Svoboda, Pavel (advisor) ; Šmejkal, Václav (referee)
The aim of this thesis is to introduce the concept of the leniency programme and to describe its development and current legal regulation in the European Union and the Czech Republic, to evaluate its rules, its effectiveness and morality. The thesis also explores the relationship between leniency programme and other instruments in antitrust law enforcement. Leniency programme lies in granting full or partial immunity from sanction to the member of a cartel that reports the existence of this cartel to the antitrust authority. The thesis describes the key features of an effective leniency programme and compares these general postulates with real facts from the practise of the European Commission and the Office for the Protection of Competition. The thesis continues with pointing out the differences between European Commission notification issued in the years 1996, 2002 and 2006 and it describes how the programme works nowadays. It also focuses on the cases in which the Commission used the leniency programme. It also deals with the issue of European Competition Network and its Model Leniency Programme. Then it describes the leniency programme in the Czech Republic and the decisions by the Office for the Protection of Competition on the basis of leniency application. The comparison of Czech and...
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Competition policy in EU - Leniency Programme
Panáčková, Romana ; Němcová, Ingeborg (advisor) ; Bič, Josef (referee)
This thesis aims to analyze the efficiency of the leniency programme. This programme is currently the most important cartel fighting instrument in EU and Czech Republic. The first section deals with cartel agreements and their impact in general. It also shows reasons for implementation of the leniency programme and other cartel fighting instruments. Second section concerns on general principles of leniency programme and its position within current system of law. The next two parts contains description and history of leniency program in EU and Czech Republic. They also analyze decisions of European Commission and Office for the Protection of Competition in Czech Republic. This analysis creates the most important part of this section. The last section aims at juridical institutes able to endanger efficient functiong of leniency programme in future and defines their relation to this programme.
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