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Vybrané právní nástroje používané při prokazování kartelových dohod / Selected legal instruments used in the enforcement process of cartel agreementsŠemora, Vítězslav January 2008 (has links)
The focal point of the dissertation is the term of cartel, which could be described as agreements distorting competition concluded by competitors on the horizontal level of the market, and, above all, legal instruments which are used in the process of detecting and punishing cartels. In particular, the dissertation thesis deals with three of possible instruments used in the enforcement process of cartels, i.e. with dawn rides (unannounced on-the-spot inspections/investigations carried out in business and non-business premises), sanctions and sanction policies and with the leniency programs. These instruments are generally thought to be the most important and most effective tools in the enforcement process of cartels and necessary precondition of efficiency of competition law itself. In accordance with the topic, the dissertation thesis is divided into three parts. The first part is concerned with theoretical and normative definitions of agreements distorting competition and cartels. The main purpose of this part is to provide basic characteristics of these terms and to describe them in a way which will create a basement for explanation of the three legal instruments, which form the focal point of the thesis. Second, fundamental part of the dissertation, deals with commentary to selected legal instruments, mentions already above. In particular it consists of three chapters, each one dealing with one of the instruments in question. In the final part of the dissertation are introduced conclusions and evaluations of the three legal instruments and also some proposals pro futuro.
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Právní následky dohod narušujících hospodářskou soutěž / Legal consequences of agreements interfering with economic competitionSloupová, Jana January 2012 (has links)
This work presented here, named "Legal consequences of agreements interfering with economic competition" seeks to answer several questions, that are dealt with in five sections. Principal notions are explained in first three chapters. The core of the work is found in chapters four and five. The first part describes the competition policy in general. Precise definition of Competiton doesn't actually exist. In practice the economic-viewed interpretation is mostly used. It is a very dynamic process, which, as history shows us, needs for its effective functioning not only to be secured by fundamental freedoms, but also needs a framework of strict rules of law. These boundaries are established by the Competition Law. This branch of law overlaps both the Public law and Private law. My work addresses ontly the part of the Competition Law that depicts protective methods concerning anti-competitive agreements and its violations. Regarding the applicable law sources needs to be examined within the frame of the membership of the Czech Republic in European Union. The third part deals with prohibited agreements in the scope of the Substantive Law. An interesting point of view is brought in by comparing particular characteristic features and its concept with regard to the decisional practice of both The European...
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Program Leniency v kartelovém právu a jeho následky v praxi / The Leniency programme in cartel law and its consequences in practiceKolářová, Tereza January 2009 (has links)
The final thesis deals with the Leniency programme, as one of the most important instrument of the Office for the Protection of Competition and the European Commission for detecting of cartel agreements. The aim of the thesis is to analyze regulation of the Leniency programme in the Czech Republic, from the practical point of view find out how participants of cartel agreements use the programme and whether it is effective from the view of the Office for the Protection of Competition. The thesis should also involve formation and development of the programme and how it is influenced by European law. The thesis is divided into 4 parts. The first part deals with cartel agreements. The second part focuses on cartel law enforcement which is divided in term of law regulation into public and private enforcement. The third part is the core of the theoretical part of the thesis, it presents in detail the regulation of the Leniency programme within the European Union and in the Czech Republic, there are problems of the program and their possible solutions outlined as well. The fourth part concerns the practical point of view of the Leniency programme, its harmonization among the member states of the European Union and its application in the Czech Republic in decisions of the Office for the Protection of Competition.
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