View source for Czech Republic (August 5, 2004)

'''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”).<ref>Czech Republic Office for the Protection of Competition website, http://www.compet.cz/English/HS.htm.</ref>

{| class="wikitable"
|-
! Category !! Subcategory !! Score !! Comment

|- class="categorydivision"
| 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.

|- class="categorydivision"
| 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


|- class="categorydivision"
| Private Enforcement
| 3rd Party Initiation
| 0
| 

|-
| 
| Remedies Available to 3rd Parties
| 0
| 
		
|-
| 
| 3rd Party Rights in Proceedings
| 0
| 

|- class="categorydivision"
| 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
| 
	
|- class="categorydivision"
| 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
| 
	
|- class="categorydivision"
| 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
| 
	
|- class="categorydivision"
| 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 ==
<references />