Czech Republic/EU, 2007
Score =
Governed by: EU law: Articles 81 and 82 of the Treaty Establishing the European Communities (Rome Treaty), Regulation 1/2003 of 16 December 2002 [1] and the Czech law: Consolidated Act on the Protection of Competition Act No. 143 Coll. of 4 April 2001 as amended by Acts Nos. 340/2004 Coll. of 4 May 2004 and 484/2004 Coll. of 5 August 2004(hereinafter referred to as “Competition Act”).[2][3]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 1 | EU law governs whenever conduct has effects on trade between Member States pursuant to Article 3 of Regulation 1/2003. |
| Remedies | Fines | 1 | Article 22 provides guidelines for fining. |
| Prison Sentences | 0 | ||
| Divestitures | 1 | Article 18(5) 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 | 1 | Private enforcement of Articles 81 and 82 is mandated and encouraged by the European Commission.[4] | |
| 3rd Party Rights in Proceedings | 0 | ||
| Merger Notification | Voluntary | 0 | |
| Mandatory | 3 | Article 15(2) requires notification of mergers, depending on turnover. | |
| 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 82(b) of the Rome Treaty prohibits limiting access. |
| Abusive Acts | 1 | Article 82 of the Rome Treaty prohibits abuse of dominant position. | |
| Price Setting | 1 | Article 82(a) of the Rome Treaty prohibits price setting. | |
| Discriminatory Pricing | 1 | Article 82(c) of the Rome Treaty prohibits discriminatory conditions. | |
| Resale Price Maintenance | 1 | Article 82(a) prohibits resale price maintenance. | |
| Obstacles to Entry | 1 | Article 82 prohibits anti-competitive pricing schemes. | |
| Efficiency Defense | 0 | ||
| Restrictive Trade Practices | Price Fixing | 1 | Article 81(1)(a) prohibits price fixing. |
| Tying | 1 | Article 81(1)(e) prohibits tying. | |
| Market Division | 1 | Article 81 prohibits customer allocation clauses. | |
| Output Restraint | 1 | Article 81(1)(b) prohibits limiting production. | |
| Market Sharing | 1 | Article 81(1)(c) prohibits market sharing. | |
| Eliminating Competitors | 1 | Article 81(1) prohibits agreements that have the purpose or effect of eliminating competition. | |
| Collusive Tendering/Bid-Rigging | 1 | Article 81 prohibits bid-rigging.[5] | |
| Supply Refusal | 1 | Article 81(1)(b) prohibits supply refusal. | |
| Efficiency Defense | 1 | Article 81(3) allows an efficiency defense. |
References
- ↑ Available at http://ec.europa.eu/comm/competition/antitrust/legislation/legislation.html
- ↑ full text of statute found at Czech Republic Office for the Protection of Competition website, http://www.compet.cz/fileadmin/user_upload/Legislativa/legislativa_EN/Act_143_2004.doc
- ↑ The statute has been further amended by Act Nos. 340/2004 Coll. of 4 May 2004, 127/2005 Coll. of 22 February 2005, 361/2005 Coll. of 19 August 2005, and 71/2007 Coll. of 4 April 2007. However, none of these further amendments affect the score as of August 5, 2004 as these amendments are primarily procedural rather than substantive.
- ↑ http://ec.europa.eu/comm/competition/antitrust/actionsdamages/executive_summaries/czech_republic_en.pdf.
- ↑ http://www.eujapan.com/europe/seminar_tokyo_mehta1_april08.pdf