Czech Republic/EU, 2004
Governed by: Consolidated Act on the Protection of Competition Act No. 143 Coll. of 4 April 2001 as amended by Acts Nos. 340/2004 Coll. of 4 May 2004 and 484/2004 Coll. of 5 August 2004(hereinafter referred to as “Competition Act”).
|Scope||Extraterritoriality||1||Article 1(5) says that the Act applies to actions which occurred abroad if they had an effect in the Czech Republic.|
|Remedies||Fines||1||Article 22 provides guidelines for fining.|
|Divestitures||1|| Article 18(5) allows Commission to impose a duty to sell
interests or transfer the enterprise acquired by an unapproved concentration
|Private Enforcement||3rd Party Initiation||0|
|Remedies Available to 3rd Parties||0|
|3rd Party Rights in Proceedings||0|
|Mandatory||3||Article 15(2) requires notification of mergers, depending on turnover.|
|Pre-merger||2||Article 15(3) says that the notification must be filed prior to the conclusion of the agreement or prior to acquisition of control.|
|Merger Assessment||Dominance||1||Article 17(1) lists market share as a factor in merger assessment.|
|Restriction of Competition||1|| Article 17(1) lists the necessity of fostering competition as a factor in merger assessment.
|Public Interest (Pro D)||1||Article 17(1) list the needs and interests of consumers as factors in merger assessment and will allow a merger if it is to the advantage of consumers.|
|Public Interest (Pro Authority)||0|
- full text of statute found at Czech Republic Office for the Protection of Competition website, http://www.compet.cz/fileadmin/user_upload/Legislativa/legislativa_EN/Act_143_2004.doc
- The statute has been further amended by Act Nos. 340/2004 Coll. of 4 May 2004, 127/2005 Coll. of 22 February 2005, 361/2005 Coll. of 19 August 2005, and 71/2007 Coll. of 4 April 2007. However, none of these further amendments affect the score as of August 5, 2004 as these amendments are primarily procedural rather than substantive.