Czech Republic/EU, 2004

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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”).[1][2]

Category Subcategory Score Comment
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.
Prison Sentences 0
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
Merger Notification Voluntary 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.
Post-merger 0
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
Other 0
Efficiency 0
  1. 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
  2. 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.