Czech Republic (April 4 2001) - Revision history

KNovak at 17:34, 20 June 2008

2008-06-20T17:34:29Z

← Older revision		Revision as of 17:34, 20 June 2008
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	'''Score = 18'''		'''Score = 19'''

	''Governed by:'' Consolidated Act on the Protection of Competition Act No. 143 Coll. of 4 April 2001 (hereinafter referred to as “Competition Act”).<ref>The Act adopted EC Treaty Article 81 and 82, so gaps left by the secondary source were filled in using the actual text of the EC Treaty (see http://www.ebrd.com/pubs/legal/lit041k.pdf at 4 and http://www.mutrap.org.vn/upload/books/downloadfiles/SERV-3%20Report%20Charles%20Marquand_eng.pdf. at 27)</ref><ref>Full text of Act was unavailable, secondary sources include the 2001 OECD report, found at http://www.oecd.org/dataoecd/34/42/2488774.pdf and the 2001 and 2002 Annual Reports of the Office for the Protection of Competition, found at http://www.compet.cz/fileadmin/user_upload/VZ_EN/AR2001_EN.pdf and http://www.compet.cz/fileadmin/user_upload/VZ_EN/AR2002_EN.pdf</ref>		''Governed by:'' Consolidated Act on the Protection of Competition Act No. 143 Coll. of 4 April 2001 (hereinafter referred to as “Competition Act”).<ref>The Act adopted EC Treaty Article 81 and 82, so gaps left by the secondary source were filled in using the actual text of the EC Treaty (see http://www.ebrd.com/pubs/legal/lit041k.pdf at 4 and http://www.mutrap.org.vn/upload/books/downloadfiles/SERV-3%20Report%20Charles%20Marquand_eng.pdf. at 27)</ref><ref>Full text of Act was unavailable, secondary sources include the 2001 OECD report, found at http://www.oecd.org/dataoecd/34/42/2488774.pdf and the 2001 and 2002 Annual Reports of the Office for the Protection of Competition, found at http://www.compet.cz/fileadmin/user_upload/VZ_EN/AR2001_EN.pdf and http://www.compet.cz/fileadmin/user_upload/VZ_EN/AR2002_EN.pdf</ref>

KNovak at 17:33, 20 June 2008

2008-06-20T17:33:00Z

← Older revision		Revision as of 17:33, 20 June 2008
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	\| Resale Price Maintenance		\| Resale Price Maintenance
	\| 1		\| 1
	\| The ~~1992~~ Act ~~prohibited RPM, and there is no indication that it was eliminated in the~~ 2001 ~~act. This inference is strengthened by the fact that the~~ 2002 ~~Act, as amended in 2004, contained a RPM prohibition.~~		\| The Act prohibits resale price maintenance.<ref>OECD 2001 at 2; OECD 2002 at 2</ref>


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	\| Price Fixing		\| Price Fixing
	\| 1		\| 1
	\| The Act prohibits price fixing.		\| The Act prohibits price fixing.<ref>OECD 2002 at 3</ref>

	\|-		\|-
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	\| Market Sharing		\| Market Sharing
	\| 1		\| 1
	\| The Act adopts the prohibition on market sharing found in Article 81(1)(c) of the EC Treaty<ref>http://www.cerna.ensmp.fr/Enseignement/CoursEUCompetionLaw/1-Article81.pdf</ref>		\| The Act adopts the prohibition on market sharing found in Article 81(1)(c) of the EC Treaty<ref>http://www.cerna.ensmp.fr/Enseignement/CoursEUCompetionLaw/1-Article81.pdf; OECD 2001 at 2</ref>

	\|-		\|-

KNovak at 17:29, 20 June 2008

2008-06-20T17:29:19Z

← Older revision		Revision as of 17:29, 20 June 2008
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	\| Price Setting		\| Price Setting
	\| 1		\| 1
	\| The Act prohibits predatory pricing.		\| The Act prohibits predatory pricing.<ref>http://www.whitecase.com/publications/detail.aspx?publication=433</ref>

	\|-		\|-

KNovak at 16:05, 20 June 2008

2008-06-20T16:05:06Z

← Older revision		Revision as of 16:05, 20 June 2008
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	\| Divestitures		\| Divestitures
	\| 1		\| 1
	\| The Competition Authority can divest an improper merger.<ref>OECD at 9</ref>		\| The Competition Authority can divest an improper merger.<ref>OECD 2001 at 9</ref>

	\|- class="categorydivision"		\|- class="categorydivision"
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	\| Dominance		\| Dominance
	\| 1		\| 1
	\| Merger assessment includes looking at creation of dominant position.<ref>OECD at 8</ref>		\| Merger assessment includes looking at creation of dominant position.<ref>OECD 2001 at 8</ref>

	\|-		\|-
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	\| Restriction of Competition		\| Restriction of Competition
	\| 1		\| 1
	\| Merger assessment includes looking at the merger's effect on competion in the market.<ref>OECD at 8</ref>		\| Merger assessment includes looking at the merger's effect on competion in the market.<ref>OECD 2001 at 8</ref>

	\|-		\|-
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	\| Public Interest (Pro D)		\| Public Interest (Pro D)
	\| 1		\| 1
	\| When assessing the merger, the Authority considers whether it meets consumer needs and interests and considers research and development benefits. <ref>OECD at 9</ref>		\| When assessing the merger, the Authority considers whether it meets consumer needs and interests and considers research and development benefits. <ref>OECD 2001 at 9</ref>

	\|-		\|-
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	\| Abusive Acts		\| Abusive Acts
	\| 1		\| 1
	\| The 1992 Act prohibited abusive acts, and there is no indication that it was eliminated in the 2001 act. ~~This inference is strengthened by the fact that~~ the 2002 ~~Act~~, ~~as amended in 2004, contained an abusive acts prohibition~~.		\| The 1992 Act prohibited abusive acts, and there is no indication that it was eliminated in the 2001 act. The Office for the Protection of Competition continued to fine companies for "abus[ing] their dominant position."<ref>OECD 2002 report at 6, found at http://www.oecd.org/dataoecd/22/9/2509462.pdf</ref>

KNovak at 15:56, 20 June 2008

2008-06-20T15:56:26Z

← Older revision		Revision as of 15:56, 20 June 2008
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	\| Dominance		\| Dominance
	\| 1		\| 1
	\| Merger assessment includes looking at creation of dominant position.		\| Merger assessment includes looking at creation of dominant position.<ref>OECD at 8</ref>

	\|-		\|-
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	\| Restriction of Competition		\| Restriction of Competition
	\| 1		\| 1
	\| Merger assessment includes looking at the merger's effect on competion in the market.		\| Merger assessment includes looking at the merger's effect on competion in the market.<ref>OECD at 8</ref>

	\|-		\|-
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	\| Public Interest (Pro D)		\| Public Interest (Pro D)
	\| 1		\| 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"~~		\| When assessing the merger, the Authority considers whether it meets consumer needs and interests and considers research and development benefits. <ref>OECD at 9</ref>

	\|-		\|-

KNovak at 15:54, 20 June 2008

2008-06-20T15:54:13Z

← Older revision		Revision as of 15:54, 20 June 2008
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	\| Mandatory		\| Mandatory
	\| 3		\| 3
	\| Merger notification is mandatory		\| Merger notification is mandatory, depending on turnover.<ref>2001 Annual Report at 7</ref>

	\|-		\|-
	\|		\|
	\| Pre-merger		\| Pre-merger
	\| 0		\| 2
	\|		\| Merger must be approved by Office for the Protection of Competition prior to realization.<ref>2001 Annual Report at 7; 2002 Annual Report at 14</ref>

	\|-		\|-
	\|		\|
	\| Post-merger		\| Post-merger
	\| 1		\| 0
	\| ~~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"		\|- class="categorydivision"

KNovak at 20:38, 19 June 2008

2008-06-19T20:38:48Z

← Older revision		Revision as of 20:38, 19 June 2008
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	\| Divestitures		\| Divestitures
	\| 1		\| 1
	\| The Competition Authority can divest an improper merger.		\| The Competition Authority can divest an improper merger.<ref>OECD at 9</ref>

	\|- class="categorydivision"		\|- class="categorydivision"

KNovak at 20:36, 19 June 2008

2008-06-19T20:36:09Z

← Older revision		Revision as of 20:36, 19 June 2008
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	'''Score = 18'''		'''Score = 18'''

	''Governed by:'' Consolidated Act on the Protection of Competition Act No. 143 Coll. of 4 April 2001 (hereinafter referred to as “Competition Act”).<ref>The Act adopted EC Treaty Article 81 and 82, so gaps left by the secondary source were filled in using the actual text of the EC Treaty (see http://www.ebrd.com/pubs/legal/lit041k.pdf at 4 and http://www.mutrap.org.vn/upload/books/downloadfiles/SERV-3%20Report%20Charles%20Marquand_eng.pdf. at 27)</ref><ref>Full text of Act was unavailable, secondary sources include the 2001 OECD report, found at http://www.oecd.org/dataoecd/34/42/2488774.pdf and the 2001 and 2002 Annual Reports of the Office for the Protection of Competition, found at http://www.compet.cz/fileadmin/user_upload/~~vz_en~~/~~ar2001_en~~.pdf and http://www.compet.cz/fileadmin/user_upload/~~vz_en~~/~~ar2002_en~~.pdf</ref>		''Governed by:'' Consolidated Act on the Protection of Competition Act No. 143 Coll. of 4 April 2001 (hereinafter referred to as “Competition Act”).<ref>The Act adopted EC Treaty Article 81 and 82, so gaps left by the secondary source were filled in using the actual text of the EC Treaty (see http://www.ebrd.com/pubs/legal/lit041k.pdf at 4 and http://www.mutrap.org.vn/upload/books/downloadfiles/SERV-3%20Report%20Charles%20Marquand_eng.pdf. at 27)</ref><ref>Full text of Act was unavailable, secondary sources include the 2001 OECD report, found at http://www.oecd.org/dataoecd/34/42/2488774.pdf and the 2001 and 2002 Annual Reports of the Office for the Protection of Competition, found at http://www.compet.cz/fileadmin/user_upload/VZ_EN/AR2001_EN.pdf and http://www.compet.cz/fileadmin/user_upload/VZ_EN/AR2002_EN.pdf</ref>

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

KNovak at 20:34, 19 June 2008

2008-06-19T20:34:01Z

← Older revision		Revision as of 20:34, 19 June 2008
Line 1:		Line 1:
	'''Score = 18'''		'''Score = 18'''

	''Governed by:'' Consolidated Act on the Protection of Competition Act No. 143 Coll. of 4 April 2001 (hereinafter referred to as “Competition Act”).<ref>The Act adopted EC Treaty Article 81 and 82, so gaps left by the secondary source were filled in using the actual text of the EC Treaty (see http://www.ebrd.com/pubs/legal/lit041k.pdf at 4 and http://www.mutrap.org.vn/upload/books/downloadfiles/SERV-3%20Report%20Charles%20Marquand_eng.pdf. at 27)</ref><ref>Full text of Act was unavailable, a secondary ~~source was~~ found at http://~~cermakhorejsmyslil~~.cz/~~_data~~/~~doc~~/~~Update1~~.~~doc~~</ref>		''Governed by:'' Consolidated Act on the Protection of Competition Act No. 143 Coll. of 4 April 2001 (hereinafter referred to as “Competition Act”).<ref>The Act adopted EC Treaty Article 81 and 82, so gaps left by the secondary source were filled in using the actual text of the EC Treaty (see http://www.ebrd.com/pubs/legal/lit041k.pdf at 4 and http://www.mutrap.org.vn/upload/books/downloadfiles/SERV-3%20Report%20Charles%20Marquand_eng.pdf. at 27)</ref><ref>Full text of Act was unavailable, secondary sources include the 2001 OECD report, found at http://www.oecd.org/dataoecd/34/42/2488774.pdf and the 2001 and 2002 Annual Reports of the Office for the Protection of Competition, found at http://www.compet.cz/fileadmin/user_upload/vz_en/ar2001_en.pdf and http://www.compet.cz/fileadmin/user_upload/vz_en/ar2002_en.pdf</ref>

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

Kajrozga at 20:07, 10 January 2008

2008-01-10T20:07:36Z

← Older revision		Revision as of 20:07, 10 January 2008
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	\| Abusive Acts		\| Abusive Acts
	\| 1		\| 1
	\| The 1992 Act prohibited abusive acts, and there is no indication that it was eliminated in the 2001 act.		\| The 1992 Act prohibited abusive acts, and there is no indication that it was eliminated in the 2001 act. This inference is strengthened by the fact that the 2002 Act, as amended in 2004, contained an abusive acts prohibition.


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	\| Resale Price Maintenance		\| Resale Price Maintenance
	\| 1		\| 1
	\| The 1992 Act prohibited RPM, and there is no indication that it was eliminated in the 2001 act.		\| The 1992 Act prohibited RPM, and there is no indication that it was eliminated in the 2001 act. This inference is strengthened by the fact that the 2002 Act, as amended in 2004, contained a RPM prohibition.