|Opis:||In the master's thesis, the author deals with vertical agreements that occur at various stages of supply chain, regarding electricity and natural gas. Vertical agreements are commonly used contractual model in the energy sector. The name itself reveals that such contracts are applied only to vertical types of contractual relationships. The European Commission and also the European legislator have long since acknowledged the different effects of the agreements, depending whether they are concluded between competitors (horizontal relationships) or between companies that operate in different stages of the supply/distribution chain. In other words, the main characteristic of vertical ralationships is, that the product of one enterprise represents an input of another. This means that the activities of the parties to the agreement are mutually complementary. In theory, a lesser negative effect is generally perceived by vertical contractual relationships. This is also recognized directly by the Commission when it established the so-called a safe harbor, protecting vertical agreements that are containing a specific restrictions to competition, before the prohibition referred to in Article 101 (1) TFEU, as long as all the conditions laid down in the regulation are fulfilled cumulatively. Throughout the master's thesis, the emphasis is marely on the application of the regulation. The added value of this regulation is in determining the application of Article 101 (3) TFEU to certain categories of vertical agreements and the corresponding concerted practices which would normally fall under Article 101 (1) TFEU. By doing so, the Commission has a priori defined a group of vertical agreements for which it is possible to state with sufficient certainty that they fulfill the conditions laid down in Article 101 (3) TFEU. The latter paragraph is, nevertheless, the last possibility for the parties to the vertical agreement to prove, that the agreement brings efficiency to competition to the extent, that they deminish the anti-competitive effects. It follows that the main competition law provision governing vertical agreements is Article 101 TFEU. However, this provision is very abstract, since it covers all types of conduct between two subjects, including vertical agreements. The Commission has, for the purpose to present a clearer review and, above all, to support companies involved in a vertical contractual relationship, adopted beside Regulation 330/2010 also Guidelines on Vertical Agreements. These guidelines determined the general principles for the assessment of vertical agreements. Its usability is universal. Although it has a instrument of so-called soft law, gives tangible data both in terms of the use and interpretation of Article 101 TFEU, as well as accompanying EU secondary law and in general the approach to the assessment of vertical agreements.
The condition for the application of Article 101 TFEU is that vertical agreements can affect trade between Member States while at the same time effectively preventing, restricting or distorting competition. The primary objective of Article 101 is to ensure that the parties do not apply the agreement in a way that would harm consumers. In addition to the imperative of maximizing consumer benefits, the creation of an integrated internal energy market is equally important in the energy sector. A unified, integrated energy market allows for increased competition in the European Union. Over the past two decades there has been a drastic change in the market structure of the energy sector. Process called liberalization, has in addition to the abolition of monopoly structures also introduced changes in contractual relations in vertical relations. Therefore, incompatible with Article 101 (1) TFEU are all agreements that provide barriers to competition and turining the single market within the borders of the Member States. At the beginning of the liberalization process, the European Commission|