Smutná, J. Restricting business through prohibited agreements. Diploma thesis. Brno: Mendel University, 2020 The thesis deals with the issue of protection of competition. Particular at-tention is paid to prohibited agreements. In the first part of the thesis are defined the basic concept of competition. The second part describes practical examples. Based on the information obtained, recommendations are proposed and risks of prohibited agreements are identified.

The aim of this thesis named "Protection of Economic Competition - Agreements to Obstruct Competition" is to analyse a theme of agreements distoring economic competition at the point of view of a substantive law of the Czech Republic and European Union. These agreements oftenly called as cartels represents one of the most dangerous anti-competitive practicies that leeds to a monopolization of free markets and in consequence of that to a damage of other undertakings and even consumers. This area of law is typical for its generality when the essential influence is reserved for a judicature. For that reason there is layed a great emphasis on the decisions of the European Commission, courts and also national competition authorities in this thesis. The soft law regulation by means of various White books and Notices issued by the European Commission and national competition authorities is not neglected. In Chapter One there is an introduction to this thesis. Chapter Two concentrates on the theme of agreements to obstruct competition in general. It describes a nature of the agreements and their elemental features and outlines a history of this therm. Chapter Three illustrates a relationship between the agreements and other anti- competite practicies - abusing of a dominant position and mergers and pointed...

The purpose of my thesis is to show the harmful effect of cartels and the need to sanction them. In particular, I am going to consider which public sanctions for the cartel participants are suitable for the Czech legal and economic environment with regard to the deterrence effect. My hypothesis is that criminal sanctions typical for the US antitrust law will not work in the Czech Republic and they should rather be replaced by another individual sanction -- disqualification of the directors who are responsible for the cartel. The combination of the corporate fines and disqualification of the directors as the individual sanction could successfully deal with the corporate governance issues resulting from the different interests of the shareholders on one hand and the managers on the other and as a result deter both sides of the relationship shareholder-manager from concluding the cartel agreement.

The aim of this diploma thesis is to restore awareness of the Czech sugar industry tradition. For this intention I chose Nymburk sugar factory in an era, when one of the most important personas of Czech sugar industry Hanuš Karlík was its director. The thesis consists of a brief introduction to the history of Czech sugar industry, where the establishment of Nymburk sugar factory is set, followed by a description of the period when Hanuš Karlík was the director and how his administration influenced both Nymburk sugar factory and sugar industry in general. In the conclusion, there is a view on the sugar factory after Karlík left and the fate of the sugar factory that led to an infamous end. The work is primarly based on local archival sources, memoirs and newspappers. Several books about the history of Nymburk and about common history of sugar industry are used to set the topic in a wider historical context.

The thesis provides for a comprehensive legal overview of bid rigging and its manifestation in public procurement. Bid rigging is defined as coordination of competitors in tenders which is not necessary and which is executed when these competitors submit bids according to the conditions agreed among them. The thesis briefly sums up available information on occurrence of bid rigging with emphasis on the only two cases of bid rigging that have been identified, proved and sanctioned in the Czech Republic. This information suggests that despite the fact that the risk of bid rigging is higher at certain markets, notably markets with limited number of competitors present thereon, it may take place in any market. Bid rigging is further analysed as a prohibited agreement distorting competition which always distorts or prevents competitions and as such is considered one of the most serious anti- competitive practices capable of causing immense economic damage. A separate chapter tackles bid rigging in public procurement. This chapter analyses legal basis of prohibition of bid rigging in public procurement, its impact on principles of efficiency, effectiveness and expediency, and points out factors that may support occurrence of bid rigging. With regards to this analysis, the thesis formulates several...

The Legal Exceptions from the Cartel Prohibition with Regard to Crisis Cartels English summary The purpose of the thesis is to provide a comprehensive perspective on the issue of the legal exceptions from the cartel prohibition, carry out a detailed analysis of Czech and European material regulation contained in the Article 3 paragraph 4 of the Act No. 143/2001 Coll. on Protection of Competition, as amended and in the Article 101 paragraph 3 of the Treaty on the Functioning of the European Union, focus on the application of the legal exceptions to the crisis cartels from the practical point of view, particularly on their usage by undertakings and on the approach to the crisis cartels by national competition authorities, European Commission and competition authorities from other selected countries outside Europe. The thesis is composed of four parts. The first part deals with the basic characteristics of the cartel, describes the concept of cartel, European and Czech legislation regarding cartels and competition in general and divides the cartels according to their form and relationship of participants. The second part focuses on the prohibition of anticompetitive conduct in the form of cartels, examines the merits of the cartel and highlights the consequences of breaching the prohibition. It is necessary to...

In this thesis I am analyzing the causes of failure of the recovery program resulting from the National Industrial Recovery Act (NIRA) the implementation of which the National Recovery Administration (NRA) ensured. I am searching for the act's ideological roots and directions of thought which had projected themselves into it, first. Further on, I deal with the content, process of drafting and approving of the codes of fair competition, as well as the facts which were determining them. In the next part I am scrutinizing the procedures of enforcing the codes and code compliance, including the twists in development of these. For the understanding of these procedures is what I regard as necessary for grasping the increasing hostility towards the NRA of part of business. In the last two chapters I deal with the NRA's failure's causes proper. I divide these causes into, first, which I think do not result from the NIRA conception and which could have revealed themselves during any other program's implementation. And, second, which result from the legislation's real essence directly. These I am dividing, further on, into causes (defects) emanating from the NIRA just as a result of concrete historical circumstances of time and place and causes emanating from the act's conception necessarily, disregard of circumstances. My central idea, to the advantage of which I am setting forth the arguments in this thesis, is that the NIRA must have ended up unsuccessful, exactly because of the inherent problems it contained, even if there was no Supreme Court's Schechter decision. In accordance with Mises's idea of any interventionist model's necessary instability I utter the hypothesis that the NIRA had but two ways ahead of it. One led to the state before the act's passage, the other one led in the direction of central planning, in any form, which only could have, although for a short time, deal with the problems resulting from the missing inter-industrial coordination in the state of the fragmented order of market.

This diploma thesis deals with the sustainability and stability of anarchy in the long run. Theories of Robert Nozick, Tyler Cowen and Randall G. Holcombe, which point to inevitable emergence of the state from the state of nature, are evaluated and compared with empirical observations of stateless societies. Proposals for the potential avoidance of state emergence despite the possible tendency of anarchy toward monopolization in the form of vertically integrated proprietary communities, remedial state and ideology are also introduced and analyzed. As result, the diploma thesis challenges the theories describing the inevitable emergence of the state and the first two proposals, which were designed to solve this problem. The role of ideology is highlighted in the conclusion as a crucial factor in achieving and maintaining anarchy in the long run.

The Diploma Thesis is focused on the issue of protection of economic competition. It deals with its politics, structure, distorting competition and last but not least its protection. The objective of the work is to analyze and describe the importance of the Office for the Protection of Competition, its influence and work in relation to the most important cases of the distorting competition in the Czech Republic, mainly in case of cartel agreements, abuse of dominant position, specifically in the period 2010-2015. Fundamental part of the work was based on the research that was crucial for the work. The research collected data in the Czech as well as English language in order to gain theoretical basis. It was necessary to gain and study all available professional information concerning to the topic. Analytical part of the work was based primarily on the description and comparison method. Sources for the analytical part were gained from the regularly published reports of the Office for the Protection of Competition. These data are publicly available information. Conclusion of the work deals with assessment of work of the Office for the Protection of Competition and its influence. Therefore there was confirmed one of the main thesis that had initiated the research. The author of the diploma thesis came to the conclusion that imposing sanctions is not only the most effective tool of the economic protection but also serves as a significant preventive measure.

Hlavenková, M., Restriction of economic competition through the prohibited agreements between businnessmen. Diploma thesis. Brno: Mendel University, 2017. This thesis is about illegal agreements between businessmen, who are disrupting competition between companies and who are decreasing the prosperity of consumers. The first part of this thesis describes basic concepts of issues with economic competition within the competition law in the Czech Republic and in the EU. In the second part of this thesis is done analysis of economic impacts in particular cases where prohibited agreements were used between businessmen. Based on the acquired information from the analysis, the thesis gives recommendations to entrepreneurial subjects on how to recognize this behaviour among competitors and how to avoid it.