Czech Republic (1992) - Revision history

KNovak at 15:12, 18 June 2008

2008-06-18T15:12:58Z

← Older revision		Revision as of 15:12, 18 June 2008
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	\| Efficiency		\| Efficiency
	\| 1		\| 1
	\| The Act allows mergers that provide benefits to consumers. <ref>OECD 1997 at 9.</ref>		\| The Act allows mergers that provide benefits to consumers. <ref>OECD 1997 at 8-10.</ref>

	\|- class="categorydivision"		\|- class="categorydivision"
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	\| Limits Access		\| Limits Access
	\| 1		\| 1
	\| The Act prohibits dominant firms from limiting supply.<ref>OECD 1997 at 10</ref>		\| The Act prohibits dominant firms from limiting supply.<ref>OECD 1997 at 6,10</ref>

	\|-		\|-
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	\| Abusive Acts		\| Abusive Acts
	\| 1		\| 1
	\| The Act prohibits abuse of dominant position <ref>OECD 1999 at 8</ref>		\| The Act prohibits abuse of dominant position <ref>OECD 1999 at 7,8</ref>

	\|-		\|-
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	\| Price Fixing		\| Price Fixing
	\| 1		\| 1
	\| The Act prohibits price fixing. <ref>OECD 1999 at 2</ref>		\| The Act prohibits price fixing. <ref>OECD 1999 at 2,7</ref>

	\|-		\|-
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	\| Efficiency Defense		\| Efficiency Defense
	\| 1		\| 1
	\| The Act allows for considering pro-competitive benefits of agreements. <ref>OECD 1999 at 6</ref>		\| The Act allows for considering pro-competitive benefits of agreements. <ref>OECD 1999 at 6,7</ref>

	\|}		\|}

Kajrozga at 00:19, 9 January 2008

2008-01-09T00:19:41Z

← Older revision		Revision as of 00:19, 9 January 2008
Line 1:		Line 1:
	'''Score =9 '''		'''Score =9 '''

	''Governed by:'' Act No. 63/1991 Coll., on the Protection of Economic Competition, as amended by Act No. 495/1992 Coll. (hereinafter referred to as “Competition Act”).<ref>[Full text of Act was unavailable, 1997 and 1999 OECD Reports (hereinafter referred to as "OECD") were used as secondary sources: http://www.oecd.org/dataoecd/32/17/2403771.pdf</ref><ref>The Act adopted Article 81 and 82 of the EC Treaty (see http://ec.europa.eu/enlargement/fiche_projet/document/cz01_0405_the_economic_competition_protection_.pdf). Therefore, actual text of Article 81, available at http://www.cerna.ensmp.fr/Enseignement/CoursEUCompetionLaw/1-Article81.pdf, and Article 82, available at http://www.eui.eu/Personal/Motta/courses/Amato-Motta/6-GAMMAbuseDominance.pdf, were usedto fill in gaps left by the OECD Reports.		''Governed by:'' Act No. 63/1991 Coll., on the Protection of Economic Competition, as amended by Act No. 495/1992 Coll. (hereinafter referred to as “Competition Act”).<ref>[Full text of Act was unavailable, 1997 and 1999 OECD Reports (hereinafter referred to as "OECD") were used as secondary sources: http://www.oecd.org/dataoecd/32/17/2403771.pdf</ref>

	{\| class="wikitable"		{\| class="wikitable"

Kajrozga at 23:44, 8 January 2008

2008-01-08T23:44:06Z

← Older revision		Revision as of 23:44, 8 January 2008
Line 1:		Line 1:
	'''Score =9 '''		'''Score =9 '''

	''Governed by:'' Act No. 63/1991 Coll., on the Protection of Economic Competition, as amended by Act No. 495/1992 Coll. (hereinafter referred to as “Competition Act”).<ref>[Full text of Act was unavailable, 1997 and 1999 OECD Reports (hereinafter referred to as "OECD") were used as secondary sources: http://www.oecd.org/dataoecd/32/17/2403771.pdf</ref>		''Governed by:'' Act No. 63/1991 Coll., on the Protection of Economic Competition, as amended by Act No. 495/1992 Coll. (hereinafter referred to as “Competition Act”).<ref>[Full text of Act was unavailable, 1997 and 1999 OECD Reports (hereinafter referred to as "OECD") were used as secondary sources: http://www.oecd.org/dataoecd/32/17/2403771.pdf</ref><ref>The Act adopted Article 81 and 82 of the EC Treaty (see http://ec.europa.eu/enlargement/fiche_projet/document/cz01_0405_the_economic_competition_protection_.pdf). Therefore, actual text of Article 81, available at http://www.cerna.ensmp.fr/Enseignement/CoursEUCompetionLaw/1-Article81.pdf, and Article 82, available at http://www.eui.eu/Personal/Motta/courses/Amato-Motta/6-GAMMAbuseDominance.pdf, were usedto fill in gaps left by the OECD Reports.

	{\| class="wikitable"		{\| class="wikitable"

Kajrozga at 04:35, 3 January 2008

2008-01-03T04:35:21Z

← Older revision		Revision as of 04:35, 3 January 2008
Line 1:		Line 1:
	'''Score = '''		'''Score =9 '''

	''Governed by:'' Act No. 63/1991 Coll., on the Protection of Economic Competition, as amended by Act No. 495/1992 Coll. (hereinafter referred to as “Competition Act”).<ref>[Full text of Act was unavailable, 1997 and 1999 OECD Reports (hereinafter referred to as "OECD") were used as secondary sources: http://www.oecd.org/dataoecd/32/17/2403771.pdf</ref>		''Governed by:'' Act No. 63/1991 Coll., on the Protection of Economic Competition, as amended by Act No. 495/1992 Coll. (hereinafter referred to as “Competition Act”).<ref>[Full text of Act was unavailable, 1997 and 1999 OECD Reports (hereinafter referred to as "OECD") were used as secondary sources: http://www.oecd.org/dataoecd/32/17/2403771.pdf</ref>

Kajrozga at 04:34, 3 January 2008

2008-01-03T04:34:02Z

← Older revision		Revision as of 04:34, 3 January 2008
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	\| Market Division		\| Market Division
	\| 1		\| 1
	\| The Act prohibits market division agreements.<~~rev~~>OECD 1999 at 2</ref>		\| The Act prohibits market division agreements.<ref>OECD 1999 at 2</ref>

	\|-		\|-
Line 206:		Line 206:
	\| Efficiency Defense		\| Efficiency Defense
	\| 1		\| 1
	\| The Act allows for considering pro-competitive benefits of agreements <ref>OECD 1999 at 6</ref>		\| The Act allows for considering pro-competitive benefits of agreements. <ref>OECD 1999 at 6</ref>

	\|}		\|}

Kajrozga at 04:30, 3 January 2008

2008-01-03T04:30:43Z

← Older revision		Revision as of 04:30, 3 January 2008
Line 1:		Line 1:
	'''Score = '''		'''Score = '''

	''Governed by:'' Act No. 63/1991 Coll., on the Protection of Economic Competition, as amended by Act No. 495/1992 Coll. (hereinafter referred to as “Competition Act”).<ref>[Full text of Act was unavailable, a 1999 OECD ~~Report~~ (hereinafter referred to as "OECD") ~~was~~ used as a secondary ~~source~~: http://www.oecd.org/dataoecd/32/17/2403771.pdf</ref>		''Governed by:'' Act No. 63/1991 Coll., on the Protection of Economic Competition, as amended by Act No. 495/1992 Coll. (hereinafter referred to as “Competition Act”).<ref>[Full text of Act was unavailable, 1997 and 1999 OECD Reports (hereinafter referred to as "OECD") were used as secondary sources: http://www.oecd.org/dataoecd/32/17/2403771.pdf</ref>

	{\| class="wikitable"		{\| class="wikitable"
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	\| Fines		\| Fines
	\| 1		\| 1
	\| The Act gives the Competition Authority the power to impose fines. <ref>OECD at 6</ref>		\| The Act gives the Competition Authority the power to impose fines. <ref>OECD 1999 at 6</ref>

	\|-		\|-
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	\| Dominance		\| Dominance
	\| 1		\| 1
	\| The Competition Authority considers the resulting marker share of a merging entity <ref>~~Id.~~ at 9</ref>		\| The Competition Authority considers the resulting marker share of a merging entity <ref>OECD 1999 at 9</ref>

	\|-		\|-
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	\| Restriction of Competition		\| Restriction of Competition
	\| 1		\| 1
	\| The Competition Authority considers merger's effect on competition <ref> ~~Id.~~ at 8</ref>		\| The Competition Authority considers merger's effect on competition <ref> OECD 1999 at 8</ref>

	\|-		\|-
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	\|		\|
	\| Efficiency		\| Efficiency
	\| 0		\| 1
	\|		\| The Act allows mergers that provide benefits to consumers. <ref>OECD 1997 at 9.</ref>

	\|- class="categorydivision"		\|- class="categorydivision"
	\| Dominance		\| Dominance
	\| Limits Access		\| Limits Access
	\| 0		\| 1
	\|		\| The Act prohibits dominant firms from limiting supply.<ref>OECD 1997 at 10</ref>

	\|-		\|-
Line 120:		Line 120:
	\| Abusive Acts		\| Abusive Acts
	\| 1		\| 1
	\| The Act prohibits abuse of dominant position <ref>~~Id.~~ at 8</ref>		\| The Act prohibits abuse of dominant position <ref>OECD 1999 at 8</ref>

	\|-		\|-
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	\| Resale Price Maintenance		\| Resale Price Maintenance
	\| 1		\| 1
	\| The Act prohibits resale price maintenance. <ref>~~Id.~~ at 7</ref>		\| The Act prohibits resale price maintenance. <ref>OECD 1999 at 7</ref>

	\|-		\|-
	\|		\|
	\| Obstacles to Entry		\| Obstacles to Entry
	\| 0		\| 1
	\|		\| The Act prohibits dominant firms from creating barriers to entry. <ref> OECD 1997 at 10.</ref>

	\|-		\|-
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	\| Price Fixing		\| Price Fixing
	\| 1		\| 1
	\| The Act prohibits price fixing. <ref>~~Id.~~ at 2</ref>		\| The Act prohibits price fixing. <ref>OECD 1999 at 2</ref>

	\|-		\|-
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	\| Market Division		\| Market Division
	\| 1		\| 1
	\| The Act prohibits market division agreements.<rev>~~Id.~~ at 2</ref>		\| The Act prohibits market division agreements.<rev>OECD 1999 at 2</ref>

	\|-		\|-
Line 206:		Line 206:
	\| Efficiency Defense		\| Efficiency Defense
	\| 1		\| 1
	\| The Act allows for considering pro-competitive benefits of agreements <ref>~~Id.~~ at 6</ref>		\| The Act allows for considering pro-competitive benefits of agreements <ref>OECD 1999 at 6</ref>

	\|}		\|}

Kajrozga at 01:09, 3 January 2008

2008-01-03T01:09:35Z

← Older revision		Revision as of 01:09, 3 January 2008
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	\|		\|
	\| Prison Sentences		\| Prison Sentences
	\| 0[[		\| 0
	\|		\|

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	\| Merger Notification		\| Merger Notification
	\| Voluntary		\| Voluntary
	\| 0]]		\| 0
	\|		\|

Kajrozga at 01:09, 3 January 2008

2008-01-03T01:09:14Z

Show changes

Kajrozga: New page: '''Score = ''' ''Governed by:'' Act No. 63/1991 Coll., on the Protection of Economic Competition, as amended by Act No. 495/1992 Coll. (hereinafter referred to as “Competition Act”).<...

2008-01-03T00:29:56Z

New page: '''Score = ''' ''Governed by:'' Act No. 63/1991 Coll., on the Protection of Economic Competition, as amended by Act No. 495/1992 Coll. (hereinafter referred to as “Competition Act”).<...

New page

'''Score = '''

''Governed by:'' Act No. 63/1991 Coll., on the Protection of Economic Competition, as amended by Act No. 495/1992 Coll. (hereinafter referred to as “Competition Act”).<ref>[Full text of Act was unavailable, a 1999 OECD Report was used as a secondary source: http://www.oecd.org/dataoecd/32/17/2403771.pdf</ref>

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

|- class="categorydivision"
| Scope
| Extraterritoriality
| 1
| The Act applies to actions which occurred abroad if they had an effect in the Czech Republic.

|- class="categorydivision"
| Remedies
| Fines
| 1
| The Act authorizes the issuance of fines.

|-
|
| Prison Sentences
| 0
|

|-
|
| Divestitures
| 1
| The Competition Authority can divest an improper merger.

|- class="categorydivision"
| Private Enforcement
| 3rd Party Initiation
| 1
| A 3rd party can initiate a proceeding

|-
|
| Remedies Available to 3rd Parties
| 0
|

|-
|
| 3rd Party Rights in Proceedings
| 0
|

|- class="categorydivision"
| Merger Notification
| Voluntary
| 0
|

|-
|
| Mandatory
| 3
| Merger notification is mandatory

|-
|
| Pre-merger
| 0
|

|-
|
| Post-merger
| 1
| The Act requires merger notification "within 7 days from the conclusion of the agreement constituting the merger or from the moment of gaining the control over another competitor."

|- class="categorydivision"
| Merger Assessment
| Dominance
| 1
| Merger assessment includes looking at creation of dominant position.

|-
|
| Restriction of Competition
| 1
| Merger assessment includes looking at the merger's effect on competion in the market.

|-
|
| Public Interest (Pro D)
| 0
|

|-
|
| Public Interest (Pro Authority)
| 1
| When assessing the merger, the Authority considers whether it meets the "needs and interests of consumer" and to consider "research and development for the benefit of the consumers"

|-
|
| Other
| 0
|

|-
|
| Efficiency
| 0
|

|- class="categorydivision"
| Dominance
| Limits Access
| 1
| The Act prohibits "stopping or restricting production"

|-
|
| Abusive Acts
| 0
|

|-
|
| Price Setting
| 1
| The Act prohibits predatory pricing.

|-
|
| Discriminatory Pricing
| 1
| The Act prohibits price discrimination

|-
|
| Resale Price Maintenance
| 0
|

|-
|
| Obstacles to Entry
| 0
|

|-
|
| Efficiency Defense
| 0
|

|- class="categorydivision"
| Restrictive Trade Practices
| Price Fixing
| 1
| The Act prohibits price fixing.

|-
|
| Tying
| 1
| The Act prohibits "conditioning conclusion of agreements upon acceptance of performances which in accordance with fair business practices are in no connection with the subject matter of the agreement"

|-
|
| Market Division
| 1
| The Act prohibits market division

|-
|
| Output Restraint
| 1
| The Act prohibits " limitation or control of production"

|-
|
| Market Sharing
| 0
|

|-
|
| Eliminating Competitors
| 0
|

|-
|
| Collusive Tendering/Bid-Rigging
| 0
|

|-
|
| Supply Refusal
| 0
|

|-
|
| Efficiency Defense
| 0
|

|}

== References ==
<references />