Doctrine of essential facilities under Czech and European law "Essential facilities doctrine" is a term used to describe a set of rules concerned with a dominant undertaking refusing to supply a crucial resource, over which it holds an exclusive control, to its competitors who need the resource to remain in business. This thesis focuses on the doctrine's applications in the context of an abuse of a dominant position, but the role the doctrine plays in regulation of network industries is mentioned as well. The main goal of the thesis is to define conditions under which the owner of the crucial resource - described as "an essential facility" in the thesis - abuses his dominant position by refusing to supply a competitor who is willing to pay a reasonable price for such access. The method primarily used to achieve the goal is a careful analysis of primary legal sources accompanied by studies of the relevant literature. The opinions and conclusions expressed in the afore-mentioned sources are critically evaluated by the thesis's author who presents his own opinions and tries to justify them by legal arguments. Chapter One explains some specific terms used in the text. Chapter Two describes a conflict between two core principles that have to be evaluated when the rules of mandatory access are defined or...
| Identifer | oai:union.ndltd.org:nusl.cz/oai:invenio.nusl.cz:308990 |
| Date | January 2012 |
| Creators | Tomis, Martin |
| Contributors | Horáček, Vít, Eichlerová, Kateřina |
| Source Sets | Czech ETDs |
| Language | Czech |
| Detected Language | English |
| Type | info:eu-repo/semantics/masterThesis |
| Rights | info:eu-repo/semantics/restrictedAccess |
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