Czech Republic ()
Score = 20
Governed by: Consolidated Act on the Protection of Competition Act No. 143 Coll. of 4 April 2001 (hereinafter referred to as “Competition Act”).[1]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 1 | The Act applies to actions which occurred abroad if they had an effect in the Czech Republic. |
| Remedies | Fines | 1 | The Act authorizes the issuance of fines. |
| Prison Sentences | 0 | ||
| Divestitures | 1 | The Competition Authority can divest an improper merger. | |
| Private Enforcement | 3rd Party Initiation | 1 | A 3rd party can initiate a proceeding |
| Remedies Available to 3rd Parties | 0 | ||
| 3rd Party Rights in Proceedings | 0 | ||
| Merger Notification | Voluntary | 0 | |
| Mandatory | 1 | Merger notification is mandatory | |
| Pre-merger | 0 | ||
| Post-merger | 1 | 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." | |
| Merger Assessment | Dominance | 1 | Merger assessment includes looking at creation of dominant position. |
| Restriction of Competition | 1 | Merger assessment includes looking at the merger's effect on competion in the market. | |
| Public Interest (Pro D) | |||
| Public Interest (Pro Authority) | 1 | 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" | |
| Other | 0 | ||
| Efficiency | 0 | ||
| Dominance | Limits Access | 1 | The Act prohibits "stopping or restricting production" |
| Abusive Acts | |||
| Price Setting | 1 | The Act prohibits predatory pricing. | |
| Discriminatory Pricing | 1 | The Act prohibits price discrimination
| |
| Resale Price Maintenance | |||
| Obstacles to Entry | 0 | ||
| Efficiency Defense | 0 | ||
| Restrictive Trade Practices | Price Fixing | 1 | The Act prohibits price fixing. |
| Tying | 1 | 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" | |
| Market Division | 1 | The Act prohibits market division | |
| Output Restraint | 1 | The Act prohibits " limitation or control of production" | |
| Market Sharing | 0 | ||
| Eliminating Competitors | |||
| Collusive Tendering/Bid-Rigging | 0 | ||
| Supply Refusal | |||
| Efficiency Defense |
References
- ↑ Full text of Act was unavailable, a secondary source was found at http://cermakhorejsmyslil.cz/_data/doc/Update1.doc