This thesis deals with competition policy in the field of state aid. The objective is to outline how the system of granting the state aid works and how the regulations are anchored in the legislation of EU. On the other hand the thesis wants to offer different points of view on the policy. The second half of the paper focuses on the Czech banking sector -- it studies the environment of late 90s and compares the positions of big bank before their privatization. The case of Komerční banka has been chosen to analyze the specific impacts of granted state aid.

The topic of this submitted diploma thesis is an analysis of the commissioning and evaluation of the public procurement in the Czech Republic. I pay attention to the most frequent mistakes at spending public funds through the public procurement. The first chapter is devoted to the theoretical description of the Czech public procurement system. The next chapters include the overview of the evaluation system and evaluation criteria in the public procurement. The forth and the fifth chapters are focused on the general and individual mistakes during the commissioning and the application procedure.

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...

Block Exemptions represent means of exemption from the prohibition of restrictive agreements set by the Article 101 (1) TFEU. The main aim of my thesis is to analyze and describe the development of an approach to block exemptions and to present how the block exemptions work in practice. Generally, block exemptions are issued in the form of Block Exemption Regulations according to Article 101 (3) TFEU. The wording of this provision specifies the conditions under which certain types of agreements may be exempted from the prohibition set by Article 101 (1) TFEU. Regulations are issued by the Council or by the Commission, which is more often. If an agreement accomplishes the criteria laid down in a block exemption regulation, there is no need to notify that agreement individually because the agreement is automatically valid and effective. The thesis is composed of six chapters. The first two chapters are introductory. Chapter One refers to the protection of competition in general. Subsequently, Chapter Two deals with main exemptions from the prohibition of restrictive agreements, such as agreements exempted from the prohibition under Article 101 (3) TFEU or the de minimis rule of exemption from the prohibition. Chapter Three, which is subdivided into three parts, explains the development of the...

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.

RESUMÉ AJ "Decision-making practice of the Office for the Protection of Competition in cases of proving qualification requirements in public tenders" The annual report of the Office for the Protection of Competition for the year 2014 comes to a conclusion that the most frequent mistake of a contracting authority is stipulation of disproportional (discriminating) qualification requirements. The objective of my paper is shedding light on selected contentious areas that are dealt with by the Office for the Protection of Competition, by regional courts or by the Supreme Administrative Court respectively, thus illustrating the most frequent mistakes committed by contracting authorities when stipulating qualification requirements. The paper is structured into several chapters for addressing the selected topic. The first part of the paper introduces the basic concepts and the institute of public tenders closely related to subsequent setting of qualification requirements while also referring to elementary judiciary practice. The subsequent chapters describe particular categories of qualification requirements like elementary qualification requirements, vocational qualification requirements, economical and financial qualification requirements, as well as technical qualification requirements. Each chapter showcases...

This thesis aims to provide a legal framework concerning Leniency Program which is by far one of the most successful tools in detection and prosecution of criminal cartel conduct, which has been recently perceived as one of the most important and dangerous anticompetitive conduct. Under the current system, an applicant making a leniency application will apply to seek full immunity from sanctions. If full immunity is not available, the applicant can apply for a reduction of any fine levelled against it. The study examines the level of transparency, predictability and effectiveness in the Czech Republic, European Union and United States. Chapter three provides an overview of a historical aspect of a Leniency Program including case law and recent development in each of abovementioned jurisdiction. In order to take all aspects into account, an impact of this program on human rights and recidivism is also discussed in this paper. Final chapter contains a recent development concerning Antitrust Damages Actions and rules on disclosure of evidence on leniency.

This graduation thesis "Public Procurement of Local Selfgovernment" describes the problems of public procurement. The core subject is the difficulty to observe the law on public procurement. This work includes a case study that mainly evaluates the process of a specific public procurement carried out by a local selfgovernment and the method used to appraise the bids. In order to obtain further information on public procurement at the municipal level, the paper includes a survey addressed to the public administration. The work concludes with a SWOT analysis on public procurement.

Made available in DSpace on 2016-04-26T20:29:56Z (GMT). No. of bitstreams: 1 Andrea Lucia Nazario Villares.pdf: 1294638 bytes, checksum: 468f08176414bcded911d16586bca0ab (MD5) Previous issue date: 2009-11-18 / The work is about the legal instruments used by economic agents and the authority of the defense of competition in Brazil. The main objective of this study was to discuss the tools provided by law for the defense of competition, and others adopted by the Brazilian antitrust authority, investigating to what extent are agreed ways to protect competition. Moreover, during the study, it was aimed to identify some questions generated by the adoption of instruments such as its assumptions for adoption, the legal thresholds, intervention of third parties, scope of its provisions, identifying, even if the set of clauses was consensual. The scope of the terms of the instruments raised the analysis of the application of several principles, identifying whether there is violation of the principle of legality in the name of economic efficiency. The study noted the division adopted by the Law of Protection of Competition, in the control of structures and conducts. In the control of structures, it was discussed the Incidental Measure, the Agreement of Reversibility Preservation of Operation - APRO and Term of Commitment to Performance - TCD. On the conducts, were analyzed the Preventive Measure, the Term of Commitment Termination - TCC, and in particular the behavior of cartels and the Leniency Agreement. The research conducted examined the legal instruments concluded between economic agents and CADE from 1994 to 2008, to the analysis of its provisions, we follow the development of instruments over time and the measures adopted in cases analyzed by the Brazilian System of Protection of Competition, considering the different nature of each instrument. Moreover, the study contributed to the debate on the issue of efficiency in the procedural arrangements for protection of competition, under Brazilian antitrust law / O trabalho versa sobre os instrumentos jurídicos utilizados pelos agentes econômicos e a autoridade de defesa da concorrência no Brasil. O objetivo principal do trabalho foi o de discorrer sobre os instrumentos previstos na lei de defesa da concorrência, bem como outros adotados pela autoridade antitruste brasileira, investigando até que ponto são formas acordadas para proteção à concorrência. Além disso, no decorrer do trabalho buscou-se identificar algumas questões geradas pela adoção desses instrumentos, tais como seus pressupostos para a celebração, a natureza jurídica, intervenção de terceiros, alcance de suas cláusulas, identificando, ainda, se o ajuste das cláusulas seria consensual. O alcance das cláusulas dos instrumentos suscitou a análise da aplicação de vários princípios, identificando se haveria violação ao princípio da legalidade em nome da eficiência econômica. O estudo observou a divisão adotada pela lei de defesa da concorrência, o de controle de estruturas e condutas. No controle de estruturas, discorremos sobre a Medida Cautelar, o Acordo de Preservação de Reversibilidade da Operação - APRO e o Termo de Compromisso de Desempenho - TCD. No controle de condutas, foram analisados a Medida Preventiva, o Termo de Compromisso de Cessação - TCC e, em especial, na conduta de cartel, foi abordado o Acordo de Leniência. A pesquisa realizada examinou os instrumentos jurídicos firmados entre os agentes econômicos e o CADE de 1994 a 2008, para que, da análise de suas cláusulas, pudéssemos acompanhar a evolução dos instrumentos ao longo do tempo e as respectivas medidas adotadas nos processos em trâmite no Sistema Brasileiro de Defesa da Concorrência, considerando a natureza distinta de cada instrumento. Além disso, o estudo contribuiu para o debate sobre a questão da eficiência nos acordos processuais para proteção à concorrência, conforme a lei antitruste brasileira

The subject of this thesis focuses on Public Procurement, precisely on the structure of legal regulations. This thesis broaches certain issues of the law, imperfections in the law and how the law is interpreted in practice. The aim is to understand the deeper issues of these legal regulations. The backbone of this legal regulation is the law 137/2006 Coll. on public procurement. This law is one of the preventive legal standards; among other purposes it prevents wastage of public funds. However, ensuring flawless application of The Act is not as easy a task as it would seem at first sight and the second part of this thesis is therefore devoted to identifying the most common errors in application of this law. Decisions of the Office for Protection of Competition, consultations with experts, and case studies were used for identification of these errors and common types of misconduct are also presented. The conclusion will deal with the amendment to the Public Procurement Act.