Czech Republic (August 5, 2004)

Score = 20

Governed by: Consolidated Act on the Protection of Competition Act No. 143 Coll. of 4 April 2001 last amended by Act No. 484/2004 Coll. of 5 August 2004 (hereinafter referred to as “Competition Act”).

Category	Subcategory	Score	Comment
Scope	Extraterritoriality	1	Article 1(5) says that the Act applies to actions which occurred abroad if they had an effect in the Czech Republic.
Remedies	Fines	1	Article 22 provides guidelines for fining.
	Prison Sentences	0
	Divestitures	1	Article 18 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	0
	3rd Party Rights in Proceedings	0
Merger Notification	Voluntary	0
	Mandatory	3	Article 15(2) requires notification of mergers.
	Pre-merger	2	Article 15(3) 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) lists market share as a factor in merger assessment.
	Restriction of Competition	1	Article 17(1) lists the necessity of fostering competition as a factor in merger assessment.
	Public Interest (Pro D)	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.
	Public Interest (Pro Authority)	0
	Other	0
	Efficiency	0
Dominance	Limits Access	1	Article 11(1)(d) lists the limitation of production, sales, research and development as an abusive act.
	Abusive Acts	1	Article 11(1) prohibits abuses by an undertaking in a dominant position.
	Price Setting	1	Article 11(1)(e) lists price setting as an example of an abusive act.
	Discriminatory Pricing	1	Article 11(1)(c) prohibits discriminatory pricing.
	Resale Price Maintenance	1	Article 6(2)(b) implicitly includes RPM under the prohibition in Article 3(2)(a).
	Obstacles to Entry	0
	Efficiency Defense	0
Restrictive Trade Practices	Price Fixing	1	Article 3(2)(a) prohibits price fixing.
	Tying	1	Article 3(2)(d) prohibits tying arrangements.
	Market Division	1	Article 3(2)(c) prohibits market division.
	Output Restraint	1	Article 3(2)(b) prohibits limiting or controlling production and sales.
	Market Sharing	0
	Eliminating Competitors	1	Article 3(4)(c) does not allow agreements that will eliminate competition to be exempted under the usual exceptions to the Article 3(2) prohibitions.
	Collusive Tendering/Bid-Rigging	0
	Supply Refusal	1	Article 3(2)(f) prohibits group boycotts.
	Efficiency Defense	1	Article 3(4) allows agreements which contribute to improving the production of goods and promote economic progress.