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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...

PROTECTION OF COMPETITION - BLOCK EXEMPTIONS The purpose of my thesis is to describe and analyze regulation of block exemptions mainly in the light of Commission's Guidelines. The function of block exemptions is to exempt certain agreements from the prohibition of distortion of competition. The thesis is composed of five chapters, each of them dealing with different aspects related to the concept of block exemptions. First chapter is an introduction into the topic of protection of competition and explains basic principles and terminology. Chapter two deals with other exemptions from prohibition of distorting competition. The chapter is divided into four subchapters. The first one analyzes four aspects of the exemption under Article 101 (3) of the Treaty on the Functioning of the European Union. The second subchapter focuses on de minimis rule. Third subchapter deals with exemption in agriculture sector. Finally, the problem of block exemptions is briefly introduced. Third chapter follows the historic development of the concept of block exemptions both in European law and Czech law. Firstly, it describes the reasons for introduction of block exemptions by the Commission and then it focuses on the change of approach in year 2004, when ex post control was introduced. Second part of the chapter deals...

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...

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...

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...

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...

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...

The aim of the thesis is to examine whether the prohibition of overcompensation in the Antitrust Damages Directive is compatible with the EU legal and normative framework. To this end, the analysis is carried out on two levels. First, the rationale for damages in the selected jurisdictions (England, France and Germany) and in the EU is examined to test the main underpinning justification for the prohibition of overcompensation in the Antitrust Damages Directive, i.e. the 'European legal tradition argument'. Second, the thesis addresses broader constitutional implications that underpin the debate on the desirability of the pursuit to prohibit overcompensation in the EU. These entail questions pertaining to the adoption of such measures and, thus, exploring whether the EU has the legitimacy to legislate and the related question of competence and the choice of the appropriate legal basis. The argument to be advanced in this thesis is that the aim of achieving a sufficient level of deterrence with awarding damages for EU competition law infringements stems from the very conceptual basis in which the right to damages is grounded - the principle of effective judicial protection and the principle of effectiveness. Thus, as the analysis reveals, the prohibition of overcompensation is inconsistent with the EU legal framework, since it has potential to jeopardise the deterrent or dissuasive function of antitrust damages actions. The prohibition of overcompensation has significantly contributed to the business-biased gist of the Directive, and thus to breaking the link between the rationale for the right to damages for EU competition law infringements, the legal basis and the content of the Directive. The thesis ultimately argues that the Directive's prohibition is incompatible with the principles of conferral, subsidiarity and proportionality, and to a considerable extent inconsistent with the EU's legal and normative framework.

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,...