Veřejné podniky v Evropě a v České republice z hlediska soutěžního práva

Public enterprises are business entities controlled by the public sector. This is primarily the state itself, which is able to use such enterprises to significantly influence the economy, the market situation and especially to reduce competition. For this reason public enterprises are considered primarily in terms of competition and its regulation. Public enterprises are not equally popular in all parts of Europe and the rest of the world, regardless of their form. They may be commercial companies but can also be entities with limited legal capacity that are to various extents tied to the public budget. This is the case in the Czech Republic as well, which took on the Austrian and German traditions, with public enterprises taking the form of what are known as budgetary or contributory enterprises. The state is, however, also strongly involved in joint-stock companies, particularly through coupon privatization. In Europe, particularly the E.U., public enterprises are the subject of special attention. To a certain extent they are considered in connection with the existence of monopolies which arose mainly due to the existence of natural monopolies. Aimed against monopolies are not only competition policy provisions (arts. 81, 82 & 86 Treaty of Rome) but also provisions regarding the free movement of goods (art. 31 Treaty of Rome). In this way is restricted and prohibited the growth of monopolies in trade and in services. European law tolerates certain exceptions permitting the existence of certain types of public enterprises, exempting them from certain competition rules under certain conditions. Such enterprises must be deemed public by reason of some public interest, such as the state-imposed provisions of strategic services within the economy. The Commission supervises both the enterprise and the state. It has decision-making power over both. The association agreement entered into between the Czech Communities and their member states of the European Communities does not specifically address regulation of public enterprises. Nor does Czech law. This is a shortcoming, since particularly certain accounting regulations that have been adopted in the E. U. are needed here. The Act on Budget Rules does fulfil this role.