Czech Republic (August 5, 2004) - Revision history

KNovak: Added all further amendments that don't have an affect on scoring to a footnote

2008-06-30T15:27:55Z

Added all further amendments that don't have an affect on scoring to a footnote

← Older revision		Revision as of 15:27, 30 June 2008
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	'''Score = 20'''		'''Score = 20'''

	''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>		''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>

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

KNovak at 22:18, 23 June 2008

2008-06-23T22:18:26Z

← Older revision		Revision as of 22:18, 23 June 2008
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	\| Limits Access		\| Limits Access
	\| 1		\| 1
	\| Article 11(1)(d) lists the limitation of production, sales, research and development as an abusive act. ~~Article 11(1)(f) also addresses "refusal to grant other undertakings access" as an abusive act.~~		\| Article 11(1)(d) lists the limitation of production, sales, research and development as an abusive act.

	\|-		\|-
	\|		\|

KNovak at 22:17, 23 June 2008

2008-06-23T22:17:27Z

← Older revision		Revision as of 22:17, 23 June 2008
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	'''Score = 20'''		'''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>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>		''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>

	{\| class="wikitable"		{\| class="wikitable"
Line 29:		Line 29:
	\| Divestitures		\| Divestitures
	\| 1		\| 1
	\| Article 18 allows Commission to impose a duty to sell		\| Article 18(5) 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 61:		Line 61:
	\| Mandatory		\| Mandatory
	\| 3		\| 3
	\| Article 15(2) requires notification of mergers.		\| Article 15(2) requires notification of mergers, depending on turnover.

	\|-		\|-
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	\| Limits Access		\| Limits Access
	\| 1		\| 1
	\| Article 11(1)(d) lists the limitation of production, sales, research and development as an abusive act.		\| Article 11(1)(d) lists the limitation of production, sales, research and development as an abusive act. Article 11(1)(f) also addresses "refusal to grant other undertakings access" as an abusive act.

	\|-		\|-

Kajrozga at 20:09, 10 January 2008

2008-01-10T20:09:21Z

← Older revision		Revision as of 20:09, 10 January 2008
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	'''Score = 20'''		'''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>		''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>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>

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

Kajrozga at 12:38, 8 September 2007

2007-09-08T12:38:45Z

← Older revision		Revision as of 12:38, 8 September 2007
Line 1:		Line 1:
	'''Score = 21'''		'''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>		''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>

Kajrozga at 12:26, 8 September 2007

2007-09-08T12:26:14Z

← Older revision		Revision as of 12:26, 8 September 2007
Line 1:		Line 1:
	'''Score = 20'''		'''Score = 21'''

	''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>		''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>

Kajrozga at 13:26, 10 August 2007

2007-08-10T13:26:35Z

← Older revision		Revision as of 13:26, 10 August 2007
Line 29:		Line 29:
	\| Divestitures		\| Divestitures
	\| 1		\| 1
	\| Article 18 allows ~~for divestiture of concentrations.~~		\| Article 18 allows Commission to impose a duty to sell
			interests or transfer the enterprise acquired by an unapproved concentration


	\|- class="categorydivision"		\|- class="categorydivision"
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	\| Price Setting		\| Price Setting
	\| 1		\| 1
	\| Article 11(1)(a) lists price setting as an example of an abusive act.		\| Article 11(1)(e) lists price setting as an example of an abusive act.

	\|-		\|-

Kajrozga at 15:05, 26 June 2007

2007-06-26T15:05:00Z

← Older revision		Revision as of 15:05, 26 June 2007
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	\|		\|
	\| Divestitures		\| Divestitures
	\| 0		\| 1
	\|		\| Article 18 allows for divestiture of concentrations.

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

Kajrozga: New page: '''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 ...

2007-06-25T15:51:43Z

New page: '''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 ...

New page

'''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
| 0
|

|- 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)(a) 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 />