| Abstract [eng] |
This master thesis is dedicated for non-compete agreements in the European Community law. Distinction has to be made between non-compete agreement and non-compete obligation. Non-compete agreements have a wider interpretation than a non-compete obligation. Usually in practice, non-compete obligation is a substantial part of a non-compete agreements. Otherwise, if the agreement consists of other types of obligations which has a principal influence on the agreement and a subsidiary non-compete obligation is included as well, such agreement will be held to have an effect not to compete. As those agreements occur in practice non-compete obligations, being the main clause of the agreement, are met in vertical ones most of the time. In horizontal level agreements are to cause just the effect of non-compete. Further, has to be mentioned that the negative effects to competition are more likely to be found in horizontal level rather than vertical. For possible detriments to be defined economical approach has to be developed. Formal analysis will not produce actual effect which is laid by the agreement. It is important so understand that real effects on competition are better discovered when looked through economic prism. Afterwards, to get a better view to vertical non-compete agreements in the EC competition law, the true meaning of Article 81 has to be defined. Competition law gives rather laconic reference to agreements and the ways how they should be treated to avoid their possible negative impact on the basic values of competition and a variety of goals that are chased by Community law. Having in mind a brief set of rules put in the article 81, Commission and Community Courts has an essential task to explain what it is meant by a particular terms set by competition law. So, analysis of the decisions established in various cases by competition authorities might give a precise understanding about the main principles of competition law on agreements concerned. Lastly, to set out an actual position of vertical non-compete agreements it is crucial to analyze the whole system of vertical restrictions. Beginning with definitions of each of them as a separate restriction, because it is important to look to their potential detriments that could be produced. Carrying on to look how one restriction is interacting with another and, particularly, with non-compete obligations. It is important to note that when couple restrictions are combined in the agreement, those combinations has to selected to provide least restrictive effects on competition or the negative effects caused has to be outweighed by their positive ones. |
