Czech Republic (1992): Difference between revisions

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'''Score =9 '''
'''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, 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>
''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><ref>The Act adopted Article 81 and 82 of the EC Treaty (see http://ec.europa.eu/enlargement/fiche_projet/document/cz01_0405_the_economic_competition_protection_.pdf).  Therefore, actual text of Article 81, available at http://www.cerna.ensmp.fr/Enseignement/CoursEUCompetionLaw/1-Article81.pdf, and Article 82, available at http://www.eui.eu/Personal/Motta/courses/Amato-Motta/6-GAMMAbuseDominance.pdf, were usedto fill in gaps left by the OECD Reports.


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

Revision as of 23:44, 8 January 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]Cite error: Closing </ref> missing for <ref> tag

|- | | 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 | 0 |

|- | | Pre-merger | 0 |

|- | | Post-merger | 0 |

|- class="categorydivision" | Merger Assessment | Dominance | 1 | The Competition Authority considers the resulting marker share of a merging entity [2]

|- | | Restriction of Competition | 1 | The Competition Authority considers merger's effect on competition [3]

|- | | Public Interest (Pro D) | 0 |

|- | | Public Interest (Pro Authority) | 0 |


|- | | Other | 0 |

|- | | Efficiency | 1 | The Act allows mergers that provide benefits to consumers. [4]

|- class="categorydivision" | Dominance | Limits Access | 1 | The Act prohibits dominant firms from limiting supply.[5]

|- | | Abusive Acts | 1 | The Act prohibits abuse of dominant position [6]

|- | | Price Setting | 0 |

|- | | Discriminatory Pricing | 0 |


|- | | Resale Price Maintenance | 1 | The Act prohibits resale price maintenance. [7]

|- | | Obstacles to Entry | 1 | The Act prohibits dominant firms from creating barriers to entry. [8]

|- | | Efficiency Defense | 0 |

|- class="categorydivision" | Restrictive Trade Practices | Price Fixing | 1 | The Act prohibits price fixing. [9]

|- | | Tying | 0 |


|- | | Market Division | 1 | The Act prohibits market division agreements.[10]

|- | | 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

  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 9
  3. OECD 1999 at 8
  4. OECD 1997 at 9.
  5. OECD 1997 at 10
  6. OECD 1999 at 8
  7. OECD 1999 at 7
  8. OECD 1997 at 10.
  9. OECD 1999 at 2
  10. OECD 1999 at 2
  11. OECD 1999 at 6