Czech Republic (August 5, 2004)

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Score = 20

Governed by: Consolidated Act on the Protection of Competition Act No. 143 Coll. of 4 April 2001 last amended by Act No. 484/2004 Coll. of 5 August 2004 (hereinafter referred to as “Competition Act”).[1]

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 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.
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 11(1)(d) lists the limitation of production, sales, research and development as an abusive act.
Abusive Acts 1 Article 11(1) prohibits abuses by an undertaking in a dominant position.
Price Setting 1 Article 11(1)(e) lists price setting as an example of an abusive act.
Discriminatory Pricing 1 Article 11(1)(c) prohibits discriminatory pricing.
Resale Price Maintenance 1 Article 6(2)(b) implicitly includes RPM under the prohibition in Article 3(2)(a).
Obstacles to Entry 0
Efficiency Defense 0
Restrictive Trade Practices Price Fixing 1 Article 3(2)(a) prohibits price fixing.
Tying 1 Article 3(2)(d) prohibits tying arrangements.
Market Division 1 Article 3(2)(c) prohibits market division.
Output Restraint 1 Article 3(2)(b) prohibits limiting or controlling production and sales.
Market Sharing 0
Eliminating Competitors 1 Article 3(4)(c) does not allow agreements that will eliminate competition to be exempted under the usual exceptions to the Article 3(2) prohibitions.
Collusive Tendering/Bid-Rigging 0
Supply Refusal 1 Article 3(2)(f) prohibits group boycotts.
Efficiency Defense 1 Article 3(4) allows agreements which contribute to improving the production of goods and promote economic progress.

References

  1. Czech Republic Office for the Protection of Competition website, http://www.compet.cz/English/HS.htm.