Czech Republic/EU, 2007

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Governed by: EU law: Articles 81 and 82 of the Treaty Establishing the European Communities (Rome Treaty), Regulation 1/2003 of 16 December 2002 [1] and the Czech law: 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”).[2][3]

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
Dominance Limits Access 1 Article 82(b) of the Rome Treaty prohibits limiting access.
Abusive Acts 1 Article 82 of the Rome Treaty prohibits abuse of dominant position.
Price Setting 1 Article 82(a) of the Rome Treaty prohibits price setting.
Discriminatory Pricing 1 Article 82(c) of the Rome Treaty prohibits discriminatory conditions.
Resale Price Maintenance 1 Article 82(a) prohibits resale price maintenance.
Obstacles to Entry 1 Article 82 prohibits anti-competitive pricing schemes.
Efficiency Defense 0
Restrictive Trade Practices Price Fixing 1 Article 81(1)(a) prohibits price fixing.
Tying 1 Article 81(1)(e) prohibits tying.
Market Division 1 Article 81 prohibits customer allocation clauses.
Output Restraint 1 Article 81(1)(b) prohibits limiting production.
Market Sharing 1 Article 81(1)(c) prohibits market sharing.
Eliminating Competitors 1 Article 81(1) prohibits agreements that have the purpose or effect of eliminating competition.
Collusive Tendering/Bid-Rigging 1 Article 81 prohibits bid-rigging.[4]
Supply Refusal 1 Article 81(1)(b) prohibits supply refusal.
Efficiency Defense 1 Article 81(3) allows an efficiency defense.

References

  1. Available at http://ec.europa.eu/comm/competition/antitrust/legislation/legislation.html
  2. 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
  3. 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.
  4. http://www.eujapan.com/europe/seminar_tokyo_mehta1_april08.pdf