Difference between revisions of "Czech Republic/EU, 2004"

From AntitrustWorldWiki
Jump to: navigation, search
(New page: '''Score = ''' ''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....)
 
Line 1: Line 1:
 
'''Score = '''
 
'''Score = '''
  
''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”).<ref>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</ref><ref>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.</ref>
+
''Governed by: '''''EU law''': Articles 81 and 82 of the Treaty Establishing the European Communities (Rome Treaty), Regulation 1/2003 of 16 December 2002 <ref> Available at http://ec.europa.eu/comm/competition/antitrust/legislation/legislation.html</ref> and the '''Czech Competition Act''': 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”).<ref>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</ref><ref>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.</ref>
  
 
{| class="wikitable"
 
{| class="wikitable"
Line 11: Line 11:
 
| Extraterritoriality
 
| Extraterritoriality
 
| 1
 
| 1
| Article 1(5) says that the Act applies to actions which occurred abroad if they had an effect in the Czech Republic.
+
| EU law (the Rome Treaty) governs whenever conduct has effects on trade between Member States pursuant to Article 3 of Regulation 1/2003.
  
 
|- class="categorydivision"
 
|- class="categorydivision"
Line 17: Line 17:
 
| Fines
 
| Fines
 
| 1
 
| 1
| Article 22 provides guidelines for fining.
+
| Article 22 of the Czech Competition Act provides guidelines for fining.
  
 
|-
 
|-
Line 29: Line 29:
 
| Divestitures
 
| Divestitures
 
| 1
 
| 1
| Article 18(5) allows Commission to impose a duty to sell
+
| Article 18(5) of the Czech Competition Act allows Commission to impose a duty to sell
 
interests or transfer the enterprise acquired by an unapproved concentration
 
interests or transfer the enterprise acquired by an unapproved concentration
  
Line 42: Line 42:
 
|  
 
|  
 
| Remedies Available to 3rd Parties
 
| Remedies Available to 3rd Parties
| 0
+
|  
 
|  
 
|  
 
 

Revision as of 10:46, 6 August 2008

Score =

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 Competition Act: 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 EU law (the Rome Treaty) governs whenever conduct has effects on trade between Member States pursuant to Article 3 of Regulation 1/2003.
Remedies Fines 1 Article 22 of the Czech Competition Act provides guidelines for fining.
Prison Sentences 0
Divestitures 1 Article 18(5) of the Czech Competition Act 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
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. 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.