Czech Republic/EU, 2004

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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 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
  2. full text of statute found at Czech Republic Office for the Protection of Competition website,
  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.