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 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
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. 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.