Czech Republic/EU, 2007: Difference between revisions
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'''Score = ''' | '''Score = 24''' | ||
''Governed by: ''EU law: Articles 81 and 82 of the Treaty Establishing the European Communities (Rome Treaty), Regulation 1/2003 of 16 December 2002 <ref> Available at http://ec.europa.eu/comm/competition/antitrust/legislation/legislation.html</ref> and the Czech | ''Governed by: ''EU law: Articles 81 and 82 of the Treaty Establishing the European Communities (Rome Treaty), Regulation 1/2003 of 16 December 2002 <ref> Available at http://ec.europa.eu/comm/competition/antitrust/legislation/legislation.html</ref> and the Czech Competition Act: 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" | ||
| Line 11: | Line 11: | ||
| Extraterritoriality | | Extraterritoriality | ||
| 1 | | 1 | ||
| EU law governs whenever conduct has effects on trade between Member States pursuant to Article 3 of Regulation 1/2003. | | EU law (the Rome Treaty) governs whenever conduct has effects on trade between Member States pursuant to Article 3 of Regulation 1/2003. | ||
|- class="categorydivision" | |- class="categorydivision" | ||
| Line 17: | Line 17: | ||
| Fines | | Fines | ||
| 1 | | 1 | ||
| Article 22 provides guidelines for fining. | | Article 22 of the Czech Competition Act provides guidelines for fining. | ||
|- | |- | ||
| Line 29: | Line 29: | ||
| Divestitures | | Divestitures | ||
| 1 | | 1 | ||
| Article 18(5) allows Commission to impose a duty to sell | | Article 18(5) of the Czech Competition Act 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 42: | Line 42: | ||
| | | | ||
| Remedies Available to 3rd Parties | | Remedies Available to 3rd Parties | ||
| | | 1 | ||
| | | Private enforcement of Articles 81 and 82 of the Rome Treaty is mandated and encouraged by the European Commission.<ref>http://ec.europa.eu/comm/competition/antitrust/actionsdamages/executive_summaries/czech_republic_en.pdf.</ref> | ||
|- | |- | ||
| Line 52: | Line 52: | ||
|- class="categorydivision" | |- class="categorydivision" | ||
| Merger Notification | | Merger Notification<ref>The National Competition Authority will assess mergers under the National Competition Act. If the concentration affects trade between the Member States, the European Commission will assess the merger under Regulation 139/2004. See the coding for the European Commission for those provisions.</ref> | ||
| Voluntary | | Voluntary | ||
| 0 | | 0 | ||
| Line 61: | Line 61: | ||
| Mandatory | | Mandatory | ||
| 3 | | 3 | ||
| Article 15(2) requires notification of mergers, depending on turnover. | | Article 15(2) of the Czech Competition Act requires notification of mergers, depending on turnover. | ||
|- | |- | ||
| Line 67: | Line 67: | ||
| Pre-merger | | Pre-merger | ||
| 2 | | 2 | ||
| Article 15(3) says that the notification must be filed prior to the conclusion of the agreement or prior to acquisition of control. | | Article 15(3) of the Czech Competition Act says that the notification must be filed prior to the conclusion of the agreement or prior to acquisition of control. | ||
|- | |- | ||
| Line 79: | Line 79: | ||
| Dominance | | Dominance | ||
| 1 | | 1 | ||
| Article 17(1) lists market share as a factor in merger assessment. | | Article 17(1) of the Czech Competition Act lists market share as a factor in merger assessment. | ||
|- | |- | ||
| Line 85: | Line 85: | ||
| Restriction of Competition | | Restriction of Competition | ||
| 1 | | 1 | ||
| Article 17(1) lists the necessity of fostering competition as a factor in merger assessment. | | Article 17(1) of the Czech Competition Act lists the necessity of fostering competition as a factor in merger assessment. | ||
| Line 92: | Line 92: | ||
| Public Interest (Pro D) | | Public Interest (Pro D) | ||
| 1 | | 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. | | Article 17(1) of the Czech Competition Act 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. | ||
|- | |- | ||
| Line 140: | Line 140: | ||
| Resale Price Maintenance | | Resale Price Maintenance | ||
| 1 | | 1 | ||
| Article 82(a) prohibits resale price maintenance. | | Article 82(a) of the Rome Treaty prohibits resale price maintenance. | ||
|- | |- | ||
| Line 146: | Line 146: | ||
| Obstacles to Entry | | Obstacles to Entry | ||
| 1 | | 1 | ||
| Article 82 prohibits anti-competitive pricing schemes. | | Article 82 of the Rome Treaty prohibits anti-competitive pricing schemes. | ||
|- | |- | ||
| Line 158: | Line 158: | ||
| Price Fixing | | Price Fixing | ||
| 1 | | 1 | ||
| Article 81(1)(a) prohibits price fixing. | | Article 81(1)(a) of the Rome Treaty prohibits price fixing. | ||
|- | |- | ||
| Line 164: | Line 164: | ||
| Tying | | Tying | ||
| 1 | | 1 | ||
| Article 81(1)(e) prohibits tying. | | Article 81(1)(e) of the Rome Treaty prohibits tying. | ||
|- | |- | ||
| Line 170: | Line 170: | ||
| Market Division | | Market Division | ||
| 1 | | 1 | ||
| Article 81 prohibits customer allocation clauses. | | Article 81 of the Rome Treaty prohibits customer allocation clauses. | ||
|- | |- | ||
| Line 176: | Line 176: | ||
| Output Restraint | | Output Restraint | ||
| 1 | | 1 | ||
| Article 81(1)(b) prohibits limiting production. | | Article 81(1)(b) of the Rome Treaty prohibits limiting production. | ||
|- | |- | ||
| Line 182: | Line 182: | ||
| Market Sharing | | Market Sharing | ||
| 1 | | 1 | ||
| Article 81(1)(c) prohibits market sharing. | | Article 81(1)(c) of the Rome Treaty prohibits market sharing. | ||
|- | |- | ||
| Line 188: | Line 188: | ||
| Eliminating Competitors | | Eliminating Competitors | ||
| 1 | | 1 | ||
| Article 81(1) prohibits agreements that have the purpose or effect of eliminating competition. | | Article 81(1) of the Rome Treaty prohibits agreements that have the purpose or effect of eliminating competition. | ||
|- | |- | ||
| Line 194: | Line 194: | ||
| Collusive Tendering/Bid-Rigging | | Collusive Tendering/Bid-Rigging | ||
| 1 | | 1 | ||
| Article 81 prohibits bid-rigging.<ref>http://www.eujapan.com/europe/seminar_tokyo_mehta1_april08.pdf</ref> | | Article 81 of the Rome Treaty prohibits bid-rigging.<ref>http://www.eujapan.com/europe/seminar_tokyo_mehta1_april08.pdf</ref> | ||
|- | |- | ||
| Line 200: | Line 200: | ||
| Supply Refusal | | Supply Refusal | ||
| 1 | | 1 | ||
| Article 81(1)(b) prohibits supply refusal. | | Article 81(1)(b) of the Rome Treaty prohibits supply refusal. | ||
|- | |- | ||
| Line 206: | Line 206: | ||
| Efficiency Defense | | Efficiency Defense | ||
| 1 | | 1 | ||
| Article 81(3) allows an efficiency defense. | | Article 81(3) of the Rome Treaty allows an efficiency defense. | ||
|} | |} | ||
Latest revision as of 15:17, 6 August 2008
Score = 24
Governed by: EU law: Articles 81 and 82 of the Treaty Establishing the European Communities (Rome Treaty), Regulation 1/2003 of 16 December 2002 [1] and the Czech Competition Act: 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”).[2][3]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 1 | EU law (the Rome Treaty) governs whenever conduct has effects on trade between Member States pursuant to Article 3 of Regulation 1/2003. |
| Remedies | Fines | 1 | Article 22 of the Czech Competition Act provides guidelines for fining. |
| Prison Sentences | 0 | ||
| Divestitures | 1 | Article 18(5) of the Czech Competition Act allows Commission to impose a duty to sell
interests or transfer the enterprise acquired by an unapproved concentration
| |
| Private Enforcement | 3rd Party Initiation | 0 | |
| Remedies Available to 3rd Parties | 1 | Private enforcement of Articles 81 and 82 of the Rome Treaty is mandated and encouraged by the European Commission.[4] | |
| 3rd Party Rights in Proceedings | 0 | ||
| Merger Notification[5] | Voluntary | 0 | |
| Mandatory | 3 | Article 15(2) of the Czech Competition Act requires notification of mergers, depending on turnover. | |
| Pre-merger | 2 | Article 15(3) of the Czech Competition Act says that the notification must be filed prior to the conclusion of the agreement or prior to acquisition of control. | |
| Post-merger | 0 | ||
| Merger Assessment | Dominance | 1 | Article 17(1) of the Czech Competition Act lists market share as a factor in merger assessment. |
| Restriction of Competition | 1 | Article 17(1) of the Czech Competition Act lists the necessity of fostering competition as a factor in merger assessment.
| |
| Public Interest (Pro D) | 1 | Article 17(1) of the Czech Competition Act 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 | ||
| Dominance | Limits Access | 1 | Article 82(b) of the Rome Treaty prohibits limiting access. |
| Abusive Acts | 1 | Article 82 of the Rome Treaty prohibits abuse of dominant position. | |
| Price Setting | 1 | Article 82(a) of the Rome Treaty prohibits price setting. | |
| Discriminatory Pricing | 1 | Article 82(c) of the Rome Treaty prohibits discriminatory conditions. | |
| Resale Price Maintenance | 1 | Article 82(a) of the Rome Treaty prohibits resale price maintenance. | |
| Obstacles to Entry | 1 | Article 82 of the Rome Treaty prohibits anti-competitive pricing schemes. | |
| Efficiency Defense | 0 | ||
| Restrictive Trade Practices | Price Fixing | 1 | Article 81(1)(a) of the Rome Treaty prohibits price fixing. |
| Tying | 1 | Article 81(1)(e) of the Rome Treaty prohibits tying. | |
| Market Division | 1 | Article 81 of the Rome Treaty prohibits customer allocation clauses. | |
| Output Restraint | 1 | Article 81(1)(b) of the Rome Treaty prohibits limiting production. | |
| Market Sharing | 1 | Article 81(1)(c) of the Rome Treaty prohibits market sharing. | |
| Eliminating Competitors | 1 | Article 81(1) of the Rome Treaty prohibits agreements that have the purpose or effect of eliminating competition. | |
| Collusive Tendering/Bid-Rigging | 1 | Article 81 of the Rome Treaty prohibits bid-rigging.[6] | |
| Supply Refusal | 1 | Article 81(1)(b) of the Rome Treaty prohibits supply refusal. | |
| Efficiency Defense | 1 | Article 81(3) of the Rome Treaty allows an efficiency defense. |
References
- ↑ Available at http://ec.europa.eu/comm/competition/antitrust/legislation/legislation.html
- ↑ 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
- ↑ 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.
- ↑ http://ec.europa.eu/comm/competition/antitrust/actionsdamages/executive_summaries/czech_republic_en.pdf.
- ↑ The National Competition Authority will assess mergers under the National Competition Act. If the concentration affects trade between the Member States, the European Commission will assess the merger under Regulation 139/2004. See the coding for the European Commission for those provisions.
- ↑ http://www.eujapan.com/europe/seminar_tokyo_mehta1_april08.pdf