Czech Republic (1992): Difference between revisions
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''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, | ''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" | ||
| Line 17: | Line 17: | ||
| 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> | ||
|- | |- | ||
| Line 77: | Line 77: | ||
| Dominance | | Dominance | ||
| 1 | | 1 | ||
| The Competition Authority considers the resulting marker share of a merging entity <ref> | | The Competition Authority considers the resulting marker share of a merging entity <ref>OECD 1999 at 9</ref> | ||
|- | |- | ||
| Line 83: | Line 83: | ||
| Restriction of Competition | | Restriction of Competition | ||
| 1 | | 1 | ||
| The Competition Authority considers merger's effect on competition <ref> | | The Competition Authority considers merger's effect on competition <ref> OECD 1999 at 8</ref> | ||
|- | |- | ||
| Line 107: | Line 107: | ||
| | | | ||
| Efficiency | | Efficiency | ||
| | | 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 | ||
| | | 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> | | The Act prohibits abuse of dominant position <ref>OECD 1999 at 8</ref> | ||
|- | |- | ||
| Line 139: | Line 139: | ||
| Resale Price Maintenance | | Resale Price Maintenance | ||
| 1 | | 1 | ||
| The Act prohibits resale price maintenance. <ref> | | The Act prohibits resale price maintenance. <ref>OECD 1999 at 7</ref> | ||
|- | |- | ||
| | | | ||
| Obstacles to Entry | | Obstacles to Entry | ||
| | | 1 | ||
| | | The Act prohibits dominant firms from creating barriers to entry. <ref> OECD 1997 at 10.</ref> | ||
|- | |- | ||
| Line 157: | Line 157: | ||
| Price Fixing | | Price Fixing | ||
| 1 | | 1 | ||
| The Act prohibits price fixing. <ref> | | The Act prohibits price fixing. <ref>OECD 1999 at 2</ref> | ||
|- | |- | ||
| Line 170: | Line 170: | ||
| Market Division | | Market Division | ||
| 1 | | 1 | ||
| The Act prohibits market division agreements.<rev> | | 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> | | The Act allows for considering pro-competitive benefits of agreements <ref>OECD 1999 at 6</ref> | ||
|} | |} | ||
Revision as of 04:30, 3 January 2008
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”).[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.<rev>OECD 1999 at 2</ref> | |
| 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 [11] |
References
- ↑ [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
- ↑ OECD 1999 at 6
- ↑ OECD 1999 at 9
- ↑ OECD 1999 at 8
- ↑ OECD 1997 at 9.
- ↑ OECD 1997 at 10
- ↑ OECD 1999 at 8
- ↑ OECD 1999 at 7
- ↑ OECD 1997 at 10.
- ↑ OECD 1999 at 2
- ↑ OECD 1999 at 6