Czech Republic (1992): Difference between revisions

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'''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, a 1999 OECD Report 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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| Scope
| Scope
| Extraterritoriality
| Extraterritoriality
| 1
| 0
| The Act applies to actions which occurred abroad if they had an effect in the Czech Republic.
|  


|- class="categorydivision"
|- class="categorydivision"
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| Fines
| Fines
| 1
| 1
| The Act authorizes the issuance of fines.  
| The Act gives the Competition Authority the power to impose fines. <ref>OECD 1999 at 6</ref>


|-
|-
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|  
|  
| Divestitures
| Divestitures
| 1
| 0
| The Competition Authority can divest an improper merger.
|  


|- class="categorydivision"
|- class="categorydivision"
| Private Enforcement
| Private Enforcement
| 3rd Party Initiation
| 3rd Party Initiation
| 1
| 0
| A 3rd party can initiate a proceeding
|  


|-
|-
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|  
|  
| Mandatory
| Mandatory
| 3
| 0
|  Merger notification is mandatory
|   
 
|-
|-
|  
|  
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|  
|  
| 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"
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| Dominance
| Dominance
| 1
| 1
| Merger assessment includes looking at creation of dominant position.
| 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
| Merger assessment includes looking at the merger's effect on competion in the market.
| The Competition Authority considers merger's effect on competition <ref> OECD 1999 at 8</ref>
|-
|-
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|  
|  
| Public Interest (Pro Authority)
| Public Interest (Pro Authority)
| 1
| 0
| 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"
|  
 
|-
|-
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|  
|  
| Efficiency
| Efficiency
| 0
| 1
|  
| 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 "stopping or restricting production"
| The Act prohibits dominant firms from limiting supply.<ref>OECD 1997 at 6,10</ref>
|-
|-
|  
|  
| Abusive Acts
| Abusive Acts
| 0
| 1
|  
| The Act prohibits abuse of dominant position <ref>OECD 1999 at 7,8</ref>


|-
|-
|  
|  
| Price Setting
| Price Setting
| 1
| 0
| The Act prohibits predatory pricing.
|  


|-
|-
|  
|  
| Discriminatory Pricing
| Discriminatory Pricing
| 1
| 0
| The Act prohibits price discrimination
|  




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|  
|  
| Resale Price Maintenance
| Resale Price Maintenance
| 0
| 1
|  
| 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.
| The Act prohibits price fixing. <ref>OECD 1999 at 2,7</ref>
|-
|-
|  
|  
| Tying
| Tying
| 1
| 0
| 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"
|  
 
|-
|-
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| Market Division
| Market Division
| 1
| 1
| The Act prohibits market division
| The Act prohibits market division agreements.<ref>OECD 1999 at 2</ref>
|-
|-
|  
|  
| Output Restraint
| Output Restraint
| 1
| 0
| The Act prohibits " limitation or control of production"
|  
|-
|-
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|  
|  
| Efficiency Defense
| Efficiency Defense
| 0
| 1
|  
| The Act allows for considering pro-competitive benefits of agreements. <ref>OECD 1999 at 6,7</ref>
|}
|}

Latest revision as of 15:12, 18 June 2008

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”).[1]

Category Subcategory Score Comment
Scope Extraterritoriality 0
Remedies Fines 1 The Act gives the Competition Authority the power to impose fines. [2]
Prison Sentences 0
Divestitures 0
Private Enforcement 3rd Party Initiation 0
Remedies Available to 3rd Parties 0
3rd Party Rights in Proceedings 0
Merger Notification Voluntary 0
Mandatory 0
Pre-merger 0
Post-merger 0
Merger Assessment Dominance 1 The Competition Authority considers the resulting marker share of a merging entity [3]
Restriction of Competition 1 The Competition Authority considers merger's effect on competition [4]
Public Interest (Pro D) 0
Public Interest (Pro Authority) 0


Other 0
Efficiency 1 The Act allows mergers that provide benefits to consumers. [5]
Dominance Limits Access 1 The Act prohibits dominant firms from limiting supply.[6]
Abusive Acts 1 The Act prohibits abuse of dominant position [7]
Price Setting 0
Discriminatory Pricing 0


Resale Price Maintenance 1 The Act prohibits resale price maintenance. [8]
Obstacles to Entry 1 The Act prohibits dominant firms from creating barriers to entry. [9]
Efficiency Defense 0
Restrictive Trade Practices Price Fixing 1 The Act prohibits price fixing. [10]
Tying 0


Market Division 1 The Act prohibits market division agreements.[11]
Output Restraint 0
Market Sharing 0
Eliminating Competitors 0
Collusive Tendering/Bid-Rigging 0
Supply Refusal 0
Efficiency Defense 1 The Act allows for considering pro-competitive benefits of agreements. [12]

References

  1. ↑ [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
  2. ↑ OECD 1999 at 6
  3. ↑ OECD 1999 at 9
  4. ↑ OECD 1999 at 8
  5. ↑ OECD 1997 at 8-10.
  6. ↑ OECD 1997 at 6,10
  7. ↑ OECD 1999 at 7,8
  8. ↑ OECD 1999 at 7
  9. ↑ OECD 1997 at 10.
  10. ↑ OECD 1999 at 2,7
  11. ↑ OECD 1999 at 2
  12. ↑ OECD 1999 at 6,7
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