Price dumping in unfair competition law

This bachelor’s thesis focuses on price dumping as a multifaceted concept that is significant both for competition in domestic and EU markets and for international trade. Czech public competition law and European Union competition law devote notable attention to price dumping, which is in the scope of the competition context more commonly referred to as below-cost pricing. The topic is explicitly addressed in legislation and extensively elaborated in the case-law of the Court of Justice of the European Union, the Czech administrative courts, and the Czech Office for the Protection of Competition. In contrast, below-cost pricing is far less developed within Czech (private) unfair-competition law. Despite a historically consistent statutory framework, civil-court jurisprudence tackles the subject only marginally. This thesis therefore applies theoretical insights drawn from unfair-competition law and related competition doctrines to the phenomenon of price dumping. Particular attention is paid to a critical assessment of the decisions of Czech civil courts, which, in according to recent jurisprudence, consistently apply public competition-law concepts when evaluating below-cost prices under the private-law regime of unfair competition.