The increasing volume and value of data in online markets along with tendencies of market concentration makes it an interesting research topic in the field of competition law. The purpose of this thesis is to evaluate how EU competition law could adapt to the challenges brought on by big data, particularly in relation to Art. 102 TFEU and the EUMR. Furthermore, this thesis analyses the intersection between privacy regulations and competition law. The characteristics pertaining to online markets and data are presented in this thesis in order to accurately describe the specific challenges which arise in online markets. By analysing previous case law of the ECJ as well as the Bundeskartellamt’s Facebook investigation, this thesis concludes that privacy concerns could potentially be addressed within a EU competition law procedure. Such an approach might be particularly warranted in markets where privacy is a key parameter of competition. However, a departure from the traditionally price-centric enforcement of competition law is required in order to adequately address privacy concerns. The research presented in this thesis demonstrates the decreasing importance of market shares in the assessment of a dominant position in online markets, due to the dynamic character of such markets. An increased focus on entry barriers appears to be necessary, of which data can constitute an important barrier. Additionally, consumer behaviour constitutes a source of market power in online markets, which warrants a shift towards behavioural economic analysis. The turnover thresholds of the EUMR do not appear to adequately address data-driven mergers, which is illustrated by the Facebook/WhatsApp merger. Therefore, thresholds based on other parameters are necessary. The value of data also increases the potential anticompetitive effects of vertical and conglomerate mergers, warranting an increased focus on such mergers.

The purpose of this study is to examine whether there is a change in physician's behavior because of increased competition in the primary care market. The hypothesis is that increased competition in the healthcare market increases the physician's tendency to prescribe drugs in order to attract patients. Therefore, this paper aims to examine whether the number of opioids prescribed has increased due to a Swedish reform known as the System of Choice that was implemented between 2007-2010, whose target was to increase the competition in the healthcare market. A difference-in-difference method is applied to examine the causal relationship between the reform and the number of prescriptions of opioids. This method is applicable since the counties introduced the reform at different points in time. The result is not statistically significant but the estimate is positive which corresponds to previous literature. However, the result could indicate that the System of Choice has had no effect on the number of opioids prescribed.

The current contribution of the hospitality industry to South Africa’s GDP is estimated at 8.7% and this is targeted to increase to 9.4% by 2015. Yet, hospitality organisations in South Africa are under increasing pressure to remain competitive. One emerging school of thought links knowledge to competitiveness. Knowledge management has been the focus of much recent research, but there are few studies that investigate the potential competitive gains of knowledge in combination with IT, and even fewer within the context of the hospitality industry. The purpose of this paper is to examine the joint and independent effects of knowledge content, knowledge processes, and IT resources on the competitiveness of hospitality organisations. A research model was developed following a review of the literature. To test the model, a structured questionnaire was developed and a survey was conducted in hospitality organisations across South Africa. 112 Hospitality organisations participated from a sample of 656. Knowledge and IT together significantly and positively influence the financial performance of hotels. Results indicated that the acquisition, conversion, protection and application knowledge processes, knowledge content, IT infrastructure quality and IT capabilities significantly and positively affect market, financial, employee and customer performance, while knowledge sharing significantly and positively affects market, financial and employee customer performance. The mediating role of knowledge application on the relationship between knowledge processes and competitiveness was confirmed. The resulting models had adjusted R2 of .210 for market performance, .226 for financial performance, .118 for employee performance and .117 for customer performance. The findings of this paper benefit the hospitality industry by providing guidance to managers of hotels in their decisions to invest in knowledge management and IT to improve market, financial, employee and customer performance. An earlier version of this study’s research model and design was presented at the 12th annual Global Technology Management Association (GITMA) World Conference held in Las Vegas in June 2011. Citation: Cohen, J.F., Inward, K., Toleman, M. (2011). 'Knowledge Management, Information Technology Resources, and the Competitiveness of Hospitality Organisations' Twelfth Annual Global Information Technology Management (GITMA) World Conference, Las Vegas, USA, June 2011.

This paper analyses the competitiveness in the banking sector of eight countries in the SADC region. Both the Panzar-Rosse and the Lerner Index approaches were used for the period 2002- 2013. Although the results yield opposing outcomes, the overall findings suggest that the eight countries cannot be described as being perfectly competitive but rather suggest imperfect competition in these banking sectors. These countries could be characterised as monopolies when using the Panzar-Rosse study and monopolistically competitive when using the Lerner Index.

This paper deals with the problematics of private enforcement with main focus on the legislation comprised in the act no. 262/2017 col. on Compensation of Damages in the Area of Competition Law in the context of the evolution of the approach of the European Union and the Czech Republic towards private enforcement. The aim of this paper is to evaluate the impact of the new law on legal status of persons, who have suffered harm caused by competition law infringement, when claiming for compensation for his or hers loss. The author of the paper critically evaluates the way the European law was transposed into the Czech legal environment and its real impact on the legal relationships in the area of private enforcement of competition law. The author examines in detail the newly established framework of limitation periods which differs significantly from those of the general civil law both before and after its recodification. The Act on Compensation of Damages in the Area of Competition Law does not comprise transitional provisions concerning limitation periods. Therefore the intertemporal conflicts of the new act with other civil law acts are dealt with in depth. Consequently the area of compensation for loss is discussed. Within this area the author analyses the problematics of presumption of existence...

MARKETING HARASSMENT AS THE FACTS OF UNFAIR COMPETITION Abstract This master's thesis titled "Marketing harassment as the facts of unfair competition" focuses on the legal regulation of marketing harassment, which was introduced by Act No. 89/2012 Sb, Civil Code. This Act lays out what is considered the statutory facts of unfair competition. These particular facts concern the phenomenon of unsolicited advertising that is unprecedently common in present-day society. The establishment of the institute of "marketing harassment" in the new Czech Civil Code can be considered a positive measure taking into account that its purpose is to protect the privacy of a legal entity. However, the very formulation of marketing harassment in the abovementioned Act can hardly be judged as a distinctively positive one. The objective of this thesis is not only a detailed analysis of marketing harassment itself and evaluation of its positives and negatives, but also a comparison with the regulation of similar issues found in other regulations as well as self-governing regulations (specifically in the Code of Advertising). The attempt to outline possible changes in these facts in terms of de lege ferenda is an integral part of this thesis. The thesis is divided into five chapters. The first chapter contains a brief overview of...

Orientador: Pedro Luis da Costa Aguiar Alves / Coorientador: Grisel Marion Fernandez Childs / Banca: Tiago Pereira Salgado / Banca; Rinaldo Cesar de Paula / Resumo: O uso repetitivo de herbicidas com mesmo mecanismo de ação tem ocasionado a seleção de plantas daninhas resistentes, e o azevém se destaca pela resistência ao glyphosate. Tendo em vista sua ocorrência em eucaliptais, cultura na qual se usa o glyphosate, torna-se necessário estudar sua interferência. Sendo assim, objetivou-se avaliar o efeito de densidades (0, 10, 20, 30 e 50 plantas m-2) de dois biótipos de Lolium multiflorum (resistente e suscetível ao glyphosate) em mudas de dois clones de Eucalyptus. x urograndis (I-144 e 1407). O delineamento experimental adotado foi em blocos casualizados com quatro repetições, seguindo um esquema fatorial 2x5 para cada clone. Aos 0, 14, 28, 42, 56 e 70 dias após o transplante (DAT), foram avaliados nos clones a altura e diâmetro, e aos 70 DAT, área foliar e biomassa seca de parte aérea do eucalipto e do azevém. Não houve interação entre os fatores biótipos e densidades para os clones, mas todas as características foram afetadas pelos fatores isoladamente. O aumento das densidades do azevém reduziu todas as características avaliadas nos clones, sendo que a área foliar foi a mais afetada. O biótipo resistente foi menos agressivo, sendo assim, a densidade de azevém resistente tolerável pela cultura pode ser maior do que a de azevém suscetível / Abstract: Repetitive use of herbicides with the same mechanism of action has led to the selection of resistant weeds and ryegrass stands for resistance to glyphosate. In view of its occurrence in eucalyptus plantations, culture in which glyphosate is used, it is necessary to study its interference. Thus, this study aimed to evaluate the effect of densities (0, 10, 20, 30 and 50 plants m-2) of two Lolium multiflorum biotypes (susceptible and resistant to glyphosate) in saplings of two Eucalyptus. x urograndis clones (I-144 and 1407). The experimental design was a randomized block with four replications, following a 2x5 factorial arrangement for each clone. At 0, 14, 28, 42, 56 and 70 days after transplanting (DAT) were evaluated in clones their height and diameter, and at 70 DAT, leaf area and dry biomass of the aerial part of eucalypt and ryegrass. There was no interaction between the factors biotypeand density for both clones, but all the features were affected by each of the factors alone. The increase in ryegrass densities reduced all characteristics evaluated in the clones, being leaf area the most affected one. The resistant biotype was less aggressive thus resistant ryegrass density tolerable for the culture may be higher than the susceptible ryegrass density / Mestre

Orientador: Silvano Bianco / Banca: Ricardo Victória Filho / Banca: Fernando Tadeu de Carvalho / Banca: Mariluce Pascoina Nepomuceno / Banca: Dagoberto Martins / Resumo: Objetivou-se com este estudo identificar as principais plantas daninhas, determinar os períodos de interferência e os efeitos da comunidade infestante no acúmulo de macronutrientes na cultura do pimentão cultivar 'Dahra'. Os estudos foram conduzidos no município de Jaboticabal, SP, em dois anos de cultivo (2014/2015 e 2015/2016). Os tratamentos consistiram de 11 períodos crescentes de controle e de convivência com as plantas daninhas a partir do transplantio: (0-14, 0-28, 0-42, 0-56, 0-70, 0-84, 0-98, 0-112, 0-126, 0-140 e 0-154). Nestes foram realizados os estudos fitossociológicos e avaliação da produtividade para determinar os períodos de interferência. Também foram implantados dois tratamentos nos quais se avaliou o acúmulo de massa seca e macronutrientes durante o ciclo da cultura com e sem convivência com as plantas daninhas. As principais plantas daninhas responsáveis pela interferência na cultura do pimentão foram Eleusine indica (L.) Gaertn., Digitaria nuda Schumach e Nicandra physaloides L. Pers. por apresentar alta biomassa e densidade relativa. A interferência das plantas daninhas provocou perdas na produtividade de frutos de 85,22% (2014/2015) e 86,2% (2015/2016). Constatou-se que para os anos agrícolas 2014/2015 e 2015/2016, o período anterior à interferência (PAI) aconteceu aos 0 a 17 e 0 a 11 DAT, e o período total de prevenção à interferência (PTPI) aos 71 e 89 DAT, respectivamente. A presença das plantas daninhas causou redução no acúmulo de massa seca da or... (Resumo completo, clicar acesso eletrônico abaixo) / Abstract: The aim of this study was to identify the main weeds, determine the periods of interference and the effects of the weed community in the accumulation of macronutrients in sweet pepper cultivar 'Dahra'. The studies were carried out in Jaboticabal, SP, in two crop years (2014/2015 and 2015/2016). Treatments consisted of 11 increasing periods of control and interaction with the weeds from transplanting: (0-14, 0-28, 0-42, 0-56, 0-70, 0-84, 0-98, 0 -112, 0-126, 0-140 and 0- 154). These were carried out the phytosociological studies and evaluation of productivity to determine the periods of interference. They were also deployed two treatments that evaluated the dry mass and macronutrients during the crop cycle with and without interaction with the weeds. The main weeds responsible for interference in sweet pepper were Eleusine indica (L.) Gaertn., Digitaria nuda Schumach and Nicandra physaloides L. Pers. due to high biomass and relative density. The weed interference caused losses in fruit yield of 85.22% (2014/2015) and 86.2% (2015/2016). It was found that for the agricultural years 2014/2015 and 2015/2016, the period before interference (PAI) happened to 0-17 and 0-11 DAT, and the total period of interference prevention (TPIC) after 71 and 89 DAT, respectively. Weeds caused a reduction in dry mass of approximately 84.35% and 81.68% for 2014/2015 and 2015/2016, respectively. The accumulation of macronutrients reductions were observed in the order of 70.13 ± 4.85% in cultivvo 2014/2015 and 82.91 ± 6.23% in 2015/2016. The accumulation of nutrients of chili plants was K> N> Ca> Mg> S> P for both crop years. The species Eleusine indica, Nicandra physaloides and Digitaria nuda showed the greatest potential for interference, reducing productivity, dry matter accumulation and nutrients in sweet pepper cultivar Dahra with percentage higher than 50% / Doutor

Este trabalho tem por escopo analisar o conteúdo semântico do artigo 146-A da Constituição Federal a fim de delimitar o seu campo de incidência e, desta forma, tentar esclarecer em que medida o Direito Tributário e a livre concorrência podem se relacionar. A partir de uma breve análise dos três modelos de mercados competitivos, a saber: o mercado de concorrência perfeita, o mercado monopolista e o mercado oligopolista, tentaremos definir em quais circunstâncias a livre concorrência pode ser protegida ou fomentada pelo Estado e em quais circunstâncias deve o Estado se abster de intervir. Adiante, analisaremos as formas de intervenção do Estado no domínio econômico e, em especial, os instrumentos jurídicos que permitem ao Estado regular a livre concorrência nos mercados. A partir destas conclusões, analisaremos o texto normativo do artigo 146-A e tentaremos oferecer uma interpretação consistente de seu conteúdo semântico, levando-se também em consideração os demais dispositivos constitucionais que versam sobre a livre concorrência. Por fim, analisaremos criticamente os pontos de maior discussão na doutrina e na jurisprudência envolvendo o Direito Tributário e a livre concorrência. / This work aims at analysing the content of article 146-A of Federal Constitution so as to define its object and, as such, clarifying how Tax Law and free competition may Interact with one another. After a brief overview of the three main models of competitive markets, them being: the perfectly competitive Market, the monopolistic Market and the oligopolistic Market, it will try to define in which circumstances free competition may be protected or fostered by public policies. Further, it will analyse how public administration may intervene into the private economic domain, specially the legal instruments though which public administration may regulate competition levels within markets. Based on these conclusions, it will analyse the provisions of article 146-A trying to provide an interpretation consistent with its content, also taking into account others constitutional provisions governing the free competition in the markets. At last, it will analyse the main points of discussion by scholars and legal precedents regarding Tax Law and the free competition principle.

Após anos desfrutando de vantagens competitivas frente a seus competidores por meio de seu canal de venda direta, a Natura começa a sofrer com a concorrência cada vez mais acirrada. O objetivo desse trabalho é, através do estudo de caso da Natura, avaliar como surge a necessidade de mudança do modelo de negócios e como ela pode ser implantada. Através de entrevistas com colaboradores da empresa e da revisão da literatura tornou-se possível mapear as fragilidades e oportunidades do processo de transformação da Natura em um modelo multicanal (com pretensão de tornar-se omnichannel), bem como torna-se claro as vantagens de utilização das novas ferramentas de modelagem em inovação de negócios. / After years of enjoying competitive advantages in front of its competitors through its direct sales channel, Natura begins to suffer from the increasingly fierce competition. The objective of this work is, through the Natura case study, to assess how the need of changing business model arises and how it can be implemented. Through interviews with company employees and literature review it has become possible to map the weaknesses and opportunities of Natura\'s transformation process into a multi-channel model (with the intention of becoming omnichannel), as well as the advantages of new modeling tools in business innovation.