Czech Republic (1992)
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
- ↑ [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 8-10.
- ↑ OECD 1997 at 6,10
- ↑ OECD 1999 at 7,8
- ↑ OECD 1999 at 7
- ↑ OECD 1997 at 10.
- ↑ OECD 1999 at 2,7
- ↑ OECD 1999 at 2
- ↑ OECD 1999 at 6,7