The Law On Protection Of Economic Competition

Original Language Title: zákon o ochraně hospodářské soutěže

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=51286&nr=143~2F2001~20Sb.&ft=txt

143/2001 Sb.



LAW



from day 4. April 2001



on the protection of competition and on amendments to certain laws



(Act on the protection of competition)



Change: 340/2004 Coll.



Change: 484/2004 Sb.



Change: 127/2005 Coll.



Change: 361/2005 Coll.



Change: 361/2005 Coll.



Change: 71/2007 Sb.



Modified: 296/2007 Sb.



Change: 155/2009 Sb.



Change: 188/2007 Sb.



Change: 360/Sb.



Parliament has passed the following Act of the United States:



PART THE FIRST



PROTECTION OF ECONOMIC COMPETITION



TITLE I OF THE



INTRODUCTORY PROVISIONS



§ 1



Introductory provisions



(1) this Act regulates the protection of competition on the market of products and

Services (hereinafter referred to as "goods") against its exclusions, limitations, other

disruption or threat (hereinafter referred to as "disruption")



and) agreements competitors (§ 3 (1)),



b) abuse of a dominant position of competitors,



(c)) by joining competitors, or



(d)) in the exercise of State administration bodies of State administration, territorial authorities

authorities in the exercise of self-government and State administration transferred

and authorities of the interest self-government when transferred State Administration (further

"public authorities").



(2) this Act regulates the procedure for the application of articles 101 and 102

The Treaty on the functioning of the European Union (hereinafter referred to as the "agreement") the authorities of the United

States and some issues on their cooperation with the European Commission "^ 1")

(hereinafter referred to as "the Commission") and with the authorities of the other Member States of the European Union

the procedure under Council Regulation (EC) on the implementation of the rules on

competition laid down in articles 81 and 82 of the Treaty "^ 1a) (hereinafter referred to as

"The regulation") and Council Regulation (EC) on the control of concentrations between undertakings (hereinafter ^ 1b)

"the merger regulation").



(3) The competitor, who on the basis of a special law or pursuant to the

the decision, issued by a special Act to provide services of General

economic importance, ^ 1b) this law shall apply only if the

the application to render the provision of those services.



(4) this Act shall apply mutatis mutandis to proceedings in the matters of competitors,

whose conduct could have an effect on trade between Member States

The European Union referred to in articles 101 and 102 of the Treaty.



(5) this Act applies to the conduct of competitors, which occurred in the

abroad, that distorts or threatens to distort competition within the territory of

Of the Czech Republic.



(6) this Act does not apply to proceedings under paragraph 1, the

the effects are felt entirely on the foreign market, where international

the contract, which the Czech Republic is bound, it does something else.



(7) this law shall not apply either to the competition against

unfair competition ^ 2).



§ 2



The definition of some terms



(1) the Competitors under this Act shall mean the natural or legal

people, their associations, associations of such associations and other forms of

grouping, even in the case that these associations and groupings are not

legal persons, if participating in the competition, or it may

influence of its activities, although they are not entrepreneurs.



(2) the relevant market is the market of the goods, that is, in terms of its

the characteristics, prices and intended use are identical, comparable or

substitutes, to the territories in which the conditions of competition

sufficiently homogeneous and clearly distinguishable from the adjacent territory.



TITLE II



CARTEL



§ 3



(1) agreements between competitors, their associations and decision meetings

competitors in the concerted practices (hereinafter referred to as "the agreement"), aimed at or

the result is a distortion of competition, are prohibited and void ^ 4)

If this or the Special Act, or unless the authority for

the protection of competition (hereinafter referred to as "the authority") shall not allow the implementing

legal regulation of this prohibition the exception. The agreement, whose impact on the

competition is negligible, they are not considered disabled.



(2) agreements prohibited pursuant to paragraph 1 shall be prohibited, in particular, to the agreement,

whose object or effect is a distortion of competition because

understandings about



and) directly or indirectly determine the pricing, or to other business

conditions,



(b) the restriction or control of production), sales, research and development or

investments,



(c) market or purchase) the allocation of resources,



(d)) that the contract will be subject to the adoption of a further performance,

that, in substance, or according to commercial usage, and honest business policy

contact with the subject of the contract is not related to,



(e)) the application of dissimilar conditions to individual competitors in

identical or comparable performance, which are some of the competitors in the

competition at a disadvantage,



(f)) that the parties to the agreement will not be traded or otherwise economically

collaborate with competitors who are not parties to the agreement, or they

will otherwise cause injury (group boycotts).



(3) if the reason for the ban, part of the agreement is prohibited and invalid

just this section. However, if the nature of the agreement, its content, purpose, or from

the circumstances in which it occurred, it follows that it cannot be from the rest of

separate content, is prohibited and invalid entire agreement.



(4) the prohibition in paragraph 1 shall not apply to agreements that



and) will contribute to improving the production or distribution of goods or to promoting

technical or economic development and consumers

fair share of the benefits arising from it,



(b)) does not save the competitors restrictions which are not indispensable to the attainment of the objectives of

According to subparagraph (a)),



(c)) will not allow competitors to eliminate competition in a substantial

part of the market of goods of which the supply or purchase is the subject of the agreement.



§ 4



The block exemption



(1) the prohibition under section 3 (1). 1 shall not apply to agreements which do not have

effect on trade between Member States of the European Union pursuant to article. 101

The Treaty, however, satisfy the other conditions provided for the block exemptions

adopted pursuant to article. 103 para. for the implementation of article 1 of the Treaty. paragraph 101.

3 the contract the applicable regulations of the Commission or of the Council (hereinafter referred to as the EU

the block exemption regulation ") and the exception for agriculture ^ 5).



(2) the authority may allow block exemptions also for other types of agreements, if the

shown that the distortion of competition, to which the block exemption has led, is

outweighed by the benefits to other market participants, in particular for consumers.



(3) the decision of the individual competitors the advantage of exemption under

paragraph 1 or 2 shall be withdrawn, if in the agreement as a result of developments in the market

subject to such exception did not meet the conditions set out in § 3 (1).

4.



§ 5



Horizontal and vertical agreements



(1) the agreement of competitors who operate on the same level of market goods are

horizontal agreements.



(2) the agreement of competitors who operate on different levels of the market of the goods,

they are vertical agreements.



(3) for horizontal agreements are also considered mixed agreements of competitors,

at the same time on the same who operate the horizontal level and at different vertical

the level of the market of the goods; in case of doubt, it is considered that this is a

horizontal agreement.



§ 6



cancelled



§ 7



(1) if the Office finds in proceedings under sections 3 to 5, it was closed

the prohibited agreement, this fact shall be indicated in the decision and this decision

the performance of the agreement in the future.



(2) instead of a decision under paragraph 1, the Office shall decide on the suspension

proceedings, provided that the participants in the management of the Office jointly proposed commitments

in favour of the restoration of effective competition, which are sufficient

for the protection of competition, which will remove the objectionable

status, and that the prohibited agreement does not result in substantial deterioration

competition. In this decision, the authority may also impose

conditions and obligations necessary to ensure fulfilment of those commitments.

If the Office finds the proposed commitments sufficient reasons in writing,

communicate to the participants and continues in the proceedings.



(3) the obligations referred to in paragraph 2, the parties may propose in writing

The authority no later than 15 days from the date when the Authority deliver written

the memorandum, in which the authority shall inform the basic facts of the case,

their legal reviews and links to the main evidence about them, contained in the

the administrative file (hereinafter referred to as the "communication of reservations"); to later proposals

the authority shall take into account only in cases worthy of special attention. The participants in the

the proceedings are to be bound by its proposal to the authority as well as with each other,

or against third parties, and from the submission of the proposal to the decisions of the Office

referred to in paragraph 2 shall not deal in its original text.



(4) following the suspension of the procedure referred to in paragraph 2, the authority may reopen the proceedings

referred to in paragraph 1, if the



and) have significantly changed the conditions that were for decision

pursuant to paragraph 2 of the operative,



(b)) Act against competitors with its obligations under paragraph 2,

or



(c)), the decision was made on the basis of false or incomplete

documents, data and information.



§ 8



cancelled



§ 9



cancelled



TITLE III



DOMINANT POSITION AND ABUSE



§ 10



(1) the dominant position on the market has a competitor, or jointly by more

competitors (joint dominance) that their market power allows you to

behave to an appreciable extent independently of competitors or other

consumers.



(2) the market power of the authority pursuant to paragraph 1 shall be assessed according to the value


representation of the observed volume of supply or purchase of goods on the market

(market share) achieved by the competitor or competitors with shared

dominance in the period that is examined under this Act and in accordance with

other indicators, such as economic and financial strength

competitors, legal or other barriers to entry for other

a competitor, the degree of vertical integration of competitors, market structure, and

the size of the market shares of the closest competitors.



(3) If using the indicators referred to in paragraph 2 to the contrary, it is considered

the fact that a dominant position does not deal with a competitor or competitors

joint dominance, who achieved in the analysis period to less

than 40% of the market share.



§ 11



(1) abuse of dominant position to the detriment of other competitors or

the consumer is prohibited. Abuse of a dominant position, in particular,



and) direct or indirect enforcement of unfair terms in contracts with

other market participants, in particular the enforcement of the transactions at the time of

conclusion of the contract in striking disproportionate to already supplied the consideration,



(b) consent to the conclusion of binding) of the Treaty on condition that the other Contracting

party removes even more of the filling, which with the subject of the contract

factually or according to commercial usage is not related to,



(c) the application of the different conditions) the same or comparable performance

to individual market participants, which are those participants in the

competition at a disadvantage,



d) stopping or limiting production, markets or research and development at the expense of

consumers,



e) offering and sale of the goods of long-term for unreasonably low prices

has or may result in distortion of competition,



f) refusal to provide other competitors for reasonable compensation approach

to their own transmission networks or similar distribution and other

infrastructure equipment that a competitor is in a dominant position

owns or uses under whatever legal reason, if other

competitors, for legal or other reasons, not without me

such a device to operate on the same market as the dominant competitors,

who can show that such exchange is not for operational or

other reasons can be or cannot reasonably be required of them; the same thing

reasonably apply to refusal of access to other competitors at a reasonable

payment for the use of the intellectual property rights or access to networks

a competitor in a dominant position on the basis of custom or used

another legal reason, if such use is necessary for participation in the

competition in the same market as the dominant competitors or on

another market.



(2) where the Office finds, in the proceedings in the cases referred to in paragraph 1, that there was a

abuse of dominant position, this fact shall be indicated in the decision and

This decision, such conduct in the future.



(3) instead of the decision referred to in paragraph 2, the Office shall decide on the suspension

proceedings, provided that the participants in the management of the Office jointly proposed commitments

in favour of the restoration of effective competition, which are sufficient

for the protection of competition, which will remove the objectionable

status, and that the abuse of a dominant position does not result in substantial

distortion of competition. In this decision, the authority may also

to determine the conditions and obligations necessary to ensure compliance with these

commitments. If the Office finds sufficient grounds for commitments,

shall inform the participants and continues in the proceedings.



(4) the obligations referred to in paragraph 3, the parties may propose in writing

The authority no later than 15 days from the date when they delivered the communication Office

reservations; the proposals will take into account the Office later and only in cases of

Special consideration. The parties are bound by its proposal to

The Office as well as with each other, or against third parties, and between the filing

proposal for a decision of the authority referred to in paragraph 3, may not proceed

in a way, which is the subject of the reservations office.



(5) after the termination of the proceeding referred to in paragraph 3, the Office may reopen the proceedings

and issue a decision referred to in paragraph 2, if the



and) have significantly changed the conditions that were for decision

pursuant to paragraph 3 of the operative,



b) competitors act contrary to the obligations referred to in paragraph 3, or



(c)), the decision was made on the basis of false or incomplete

documents, data and information.



TITLE IV



MERGERS OF COMPETITORS



§ 12



Definition of terms



(1) the merger of competitors occurs merger of two or more on the market before

acting independently of competitors.



(2) For mergers under this Act shall be treated as the acquisition

^ 7) the undertaking of a competitor or its part of the agreement, on the basis of

auction or other means. Part of the business, for the purposes of this Act,

means that part of the undertaking's competitors also, which can be uniquely

assign the selling of goods turnover on the relevant market, although

do not form a separate branch of the business.



(3) for mergers under this Act, shall also be considered

If one or more persons who are not entrepreneurs, but check

already at least one competitor, or if one or more of the

entrepreneurs have an opportunity to directly or indirectly control the different

competitors, in particular



and) the acquisition of securities, business or Member

shares, or



(b)) a contract or other means, which allow them to a competitor

command.



(4) Control for the purposes of this Act, the exercise of the option

the basis of the legal or factual facts decisive influence on the

the activities of a competitor, in particular on the basis of



and of ownership or rights) use to holding checked

competitor or its parts, or



(b)) the rights or other legal elements that provide the decisive influence

on the composition, voting or decisions of the organs of controlled competitor.



(5) the merger is also establishing a competitor, which is jointly controlled by

more competitors and who fulfils all the functions of an autonomous

the economic unit (hereinafter referred to as "jointly controlled undertaking ').



(6) in so far as it has a foundation jointly controlled undertaking

the founding of the concentration referred to in paragraph 5 as its object or effect the

the coordination of the competitive behaviour of competitors to controlling who

the market continues to remain independent, such coordination will be assessed in

accordance with the criteria referred to in section 3.



(7) two or more connections that are mutually conditioned and which together

factually, time and personnel related, shall be treated as a single connection.



(8) in mergers is not considered a qualified participation by the Bank in the

legal entity resulting from the repayment of the issue price of the shares by setting off course

the Bank claims that legal person, if this

qualified participation held for rescue operations or financial

the reconstruction of the legal person for a maximum period of 1 year. For connection

competitors referred to in paragraph 2 shall also not be considered if

competitors who are providers of investment services, will acquire

on a transitional basis, for a maximum period of 1 year, shares of a competitor for the purpose of

their sales if they do not exercise the voting rights attached to such

shares in order to determine or influence the competitive behaviour of the controlled

competitor. On a proposal from the Bank or a competitor, which is a provider of

investment services, the Office may extend the period of 1 year, if

the claimant proves that the purpose for which it has acquired the participation on another

competitors could not be during this time, for objective reasons,

achieved.



(9) for the mergers also does not consider the transition of some

powers of statutory bodies of competitors on the persons performing

activities according to the specific legislation, for example. the liquidator ^ 8) and

the insolvency administrator. ^ 9)



section 13 of the



Mergers subject to the permit Office



Mergers subject to the permit Office, if:



and total net turnover of all) the merging of competitors achieved for

the last financial year to market the United States is higher than 1.5

billion, and at least two competitors of the merging achieved each

in the last accounting period on the market of the Czech Republic net turnover

more than 250 million, or



(b) the net turnover achieved for) the last financial period on the Czech market

of the Republic of



1. in the case of a concentration pursuant to § 12 para. 1 at least one of the participants

the merger,



2. in the case of a concentration pursuant to § 12 para. 2 the acquiree or its

substantial part,



3. in the case of a concentration pursuant to § 12 para. 3 competitor, which is

sourced, or check



4. in the case of a concentration pursuant to § 12 para. 5 at least one of the competitors

the founding together controlled undertaking



is greater than 1 500 000 000 Czk and the worldwide net turnover

achieved in the last financial year the next merging competitor is

more than 1 500 000 000 CZK.



§ 14



Calculation of turnover



(1) the net turnover of the merging ^ 10) competitors shall mean the net turnover

achieved by the various competitors only when the activity is


the subject of their business. If competitors are not entrepreneurs, means

the net turnover of only the turnover achieved in the activity to which they were

founded or that regularly engaged in.



(2) in the common net turnover net turnover reached are included



all the merging and) competitors,



(b)) persons joining a competitor's check after

the implementation of the concentration, and the persons that are merging

competitors controlled,



(c)) persons that checks for the person who will be joining with a competitor

check after the the concentration and



d) persons who are controlled by two or more persons together

referred to in points (a) to (c)).)



(3) in the common net turnover of the merging of competitors is

It does not include the part of the turnover, which was achieved by selling goods between

merging with competitors, and the persons referred to in paragraph 2 (a). (b)),

(c)), and (d)).



(4) if only part of a competitor, the net turnover shall be included

only the part of the turnover, which reached the merging part of the competitor.



(5) if in the course of 2 years between the same two or more competitors

merger investigations, the joins together as one.



(6) in the case of banks and credit institutions and other financial institutions, with the exception of

insurance companies, ^ 11) net turnover means the sum of revenue, especially proceeds

interest income from securities and participating interests, fee and Commission income and

profits from financial operations. For insurance undertakings ^ 12) net turnover means

the sum of the premiums as all concluded insurance contracts.



§ 15



Initiation of proceedings



(1) the authorisation procedure for connection is initiated upon the proposal.



(2) in the cases referred to in § 12 para. 1, 2 and 5 are required to file a joint

proposal to allow connection of all competitors who wish to join

the merger, to acquire the business of a competitor or its part of the agreement, or

based jointly controlled undertaking; in the cases referred to in § 12 para. 3

is obliged to submit a proposal to allow a competitor that has a link to obtain the

the ability to directly or indirectly control a competitor.



(3) the application for authorisation of the concentration



and i may be filed) prior to the conclusion of the Treaty establishing the connection, or before the

acquisition of control over another competitor in a different way,



b) reasons must be given, the documents certifying the grounds

for the concentration and the conditions laid down in an implementing Regulation (§ 26

paragraph. 1).



(4) the authorisation procedure for the connection is initiated by the date on which the Office received

proposal to allow connections that contains all the elements referred to in paragraph

3. If the proposal does not contain such elements, the Office may, on the basis of

assessment of the delivered documents issued only a written opinion on whether a

It is a concentration subject to authorization under this Act and is to be

proposal for Supplement.



section 16 of the



Conduct of the procedure



(1) the authority shall immediately notify the initiation of the procedure for authorisation of the concentration in

The business journal and electronically via a public data network,

While at the same time lays down the time limit for filing an opposition against that connection.



(2) following the initiation of proceedings, the Office shall examine whether the merger is subject to its authorization.

If the connection is not subject to the authorisation of the authority, it shall take a within 30 days from the start of

management decision. In cases where the connection is subject to authorisation of the authority but

will not result in a substantial distortion of competition, the Office

at the same time shall issue a decision establishing the connection. If the Office finds that the

the concentration raises serious concerns about the substantial distortions of

competition, especially since it arises or will be strengthened by the dominant

the position of the merging of competitors or any of them, in writing

in the same period, notify the parties to the proceedings and communicate that continues in the proceedings.



(3) if the Office fails to issue a decision on the application for authorisation of the concentration within the time limit

pursuant to paragraph 2 or to the parties in writing, indicated that, for reasons of

referred to in paragraph 2 continues in the proceedings, that the expiry of the

Office connection.



(4) the authority may, under the conditions laid down by the regulation on mergers ^ 13) request

The Commission to assess the management carried out and the link itself. To release

Commission decisions on whether such a connection, the authority shall assess the management itself

broken. If the Commission decides that such a link itself, the Office shall examine the

control stops.



(5) if the Office shall notify in writing the parties referred to in paragraph 2, that

continue with the procedure on an application for a permit is required to issue

decision within 5 months from the initiation of the proceeding. If the Office has not within that time

merger decisions, the expiry of the connection.



(6) the authority may in writing require the party to put more

the information necessary for the issuing of a decision on the merger or to

about such facts to submit further evidence. Time of delivery

such challenges party to proceedings until the day when it will be obliged to

true, the time limits referred to in paragraphs 2 and 5 shall not be counted. If the decision is

The Office on the proposal on the merger cleared by the President of the Office or by a court,

the time limits referred to in paragraphs 2 and 5, again from the date of acquisition of legal power

decision of the President of the Office or the Court.



(7) the merger in the commercial register can be written until after the decision of the

Authority, authorizing the connection, the judicial power.



section 16a



A simplified authorisation procedure for connection



(1) a simplified proposal to allow concentration, containing the particulars

laid down by an implementing Regulation (hereinafter "the simplified

control "), may be filed in the case of mergers, where



and none of the competitors) on him participating in the same

the relevant market, or is their combined market share on this market

less than 15%, and at the same time, none of the competitors participating on it

are not active on the market downstream of the relevant market, vertically, on which

It acts different from those of competitors, or is their share of each

such a market of less than 25%, or



(b)) a competitor shall take sole control of a joint venture in

which have not yet participated in the joint control.



(2) the authority shall immediately notify the launching simplified procedure in

electronic form via a public data network and shall set

for filing an opposition against this connection; § 16 para. 1 shall not apply.



(3) if the Office, in a simplified procedure leads to the conclusion that the concentration

is subject to authorisation and to its proper assessment of needs additional

information, sends it to the 20 days from its start, the parties to the prompt

to submit a complete proposal to allow connections; the deadline for making the decision

According to § 16 para. 2 starts to run from the date of receipt of a complete proposal on the

to enable the connection of the Office. Otherwise, within the same period, the Office shall issue to the

the decision to allow a connection, whose preamble contains just a label

merging with competitors, the relevant market or sector in which

linking to competitors and the fact that the decision was

released in simplified proceedings.



(4) if the Office within the time limit referred to in paragraph 3 shall not issue the authorisation decisions

connection, the expiry of this period, the authority has enabled connection.



(5) unless otherwise provided by this Act, the procedure shall be in

a simplified procedure in accordance with the General provisions on the assessment of the concentration.



§ 17



The assessment links



(1) when deciding on the merger proposal, the Office assesses in particular

the need to maintain and develop effective competition, the structure of the

all the connections of the markets concerned, market share of the merging of competitors on the

these markets, their economic and financial power, legal and other

the barriers to entry of other competitors on the markets concerned, the possibility of the merger

the choice of suppliers or customers of the merging of competitors, development

supply and demand on the markets concerned, the needs and the interests of consumers and

research and development, the results of which are to the benefit of the consumer and shall not prevent the

effective competition.



(2) the decision on the authorisation of the concentration shall also apply to such restrictions

the competition that competitors entered in the application for authorisation

connection and that the concentration directly related to and necessary for its

fruition.



(3) the authority shall not allow the connection if it would result in a substantial deterioration

of competition on the relevant market, in particular because it would

create or strengthen a dominant position of the merging

competitors or any of them. If the joint market share of the merging

competitors on the relevant market does not exceed 25%, it is considered that their

the connection does not result in a substantial distortion of competition,

unless it is in assessing the links opposite.



(4) the authority may permit connections make the commitments in favour of the

the maintenance of effective competition Authority proposed the merging

the competitors before the start of the procedure for authorisation of the concentration or in its

progress, but not later than 15 days from the date on which the last of the

Parties served by the communication of reservations. To later draft commitments

or change their contents, shall take into account the authority only in cases of

Special consideration if they reach the Office within 15 days after the end of

the time limit referred to in the first sentence of that provision. Suggest merging to


the competitors of these commitments during the first 30 days of proceedings, the

the time limit under section 16(1). 2 to 15 days. Suggest merging to competitors

These commitments then their Authority according to § 16 para. 2 that in proceedings

continues, the decision will be issued according to § 16 para. 5

about 15 days. If the Office shall make the permit connections by meeting the commitments

the proposed competitors, may by decision determine the criteria and obligations

necessary to ensure the implementation of these obligations.



section 18



The postponement of the implementation of the connection



(1) prior to the filing of the application instituting proceedings under § 15 para. 1 and before

the legal power of the decision of the Office to which the connection is permitted, shall not be

Join competitors is to be made.



(2) the prohibition in paragraph 1 shall not apply to the implementation of the concentration,

which is to take place on the basis of a public takeover offer valuable participating

or on the basis of a series of transactions in securities admitted to

trading on a regulated European market ^ 19), the effect of which is

control is acquired by various entities, provided that he was immediately

an application for the initiation of proceedings pursuant to § 15 para. 1, and that the voting rights

associated with these securities are not exercised; This does not affect

the provisions of paragraphs 3 and 4.



(3) the authority may, on a proposal from the competitors decide to allow exceptions to the

the prohibition on the implementation of the concentration referred to in paragraph 1, if they or third

persons otherwise there is a serious injury or other serious injury. The proposal for the

enabling exceptions can submit at the same time, competitors with full proposal

merger pursuant to § 15 para. 3 (b). (b)) or at any time during the

control. The proposal must be justified in writing and must indicate in the

extent to which the exemption is sought. The Office may intervene in the proceedings

writing prompt to indicate additional information necessary for the issuing of

the decision to allow the exception or about such facts furnish

more evidence. Period from the date of receipt of such calls until the day when this

the obligation is met, the time limits referred to in paragraph 4 does not count.



(4) on a proposal to permit exceptions under paragraph 3 the Office shall decide

immediately, not later than 30 days after its receipt. When deciding on the

permit exceptions to the authority shall take into account, in addition to damages and the other injury consequences

exceptions on competition on the relevant market. If the Office has in

decision within this period, the exception was enabled. The Office may

also decide to grant exceptions in relation to certain acts,

which the proposal is concerned; in the rest of the Office shall reject the proposal. The authority may,

the decision to allow exceptions to lay down the conditions and limitations for the benefit of

the maintenance of effective competition.



(5) if the Office finds that a concentration has been implemented in contravention of

by a final decision of the Office shall decide on the measures required to

the restoration of effective competition on the relevant market. For this purpose, the authority shall, in particular,

saves the obligation to sell shares of competitors, convert the acquired company

the merger or part thereof, or to cancel the contract

the basis of the merger occurred, or undertake any other appropriate measures,

that are necessary in order to restore effective competition on the relevant market. The Office of the

may issue such a decision even if it finds that has been implemented

connection without being filed proceedings pursuant to § 15 para. 1.

The imposition of measures to restore competition does not preclude the concurrent imposition of fines

According to section 22 para. 1 (b). d), (e)), or (f)) or § 22a para. 1 (b). (d)),

e) or (f)).



§ 19



Annulment of the decision to allow the connection



(1) the authority may revoke the decision to allow the connection if it finds that the

join the basis of supporting documents, data and information for the

completeness, accuracy and veracity of correspond to the parties and that

have shown totally or partially false or incomplete, or authorisation has been

achieved by parties to the proceedings, the Office said in a mistake, or if you fail to comply with

terms, conditions, restrictions or obligations, subject to authorisation by the authority.



(2) proceedings for cancellation of the decision to allow connection the Office may begin to

1 year from the ascertainment of the facts referred to in paragraph 1, but no later than

within 5 years, when these facts occurred.



Title IVa



THE SUPERVISION OF THE PUBLIC AUTHORITIES



§ 19a



(1) public authorities shall not give rise to a support

a competitor or otherwise distort competition.



(2) where the Office finds, in the proceedings in the cases referred to in paragraph 1, that there was a

distortions of competition, this fact shall be indicated in the decision.



(3) if the violation committed by the competition authority of the territorial

authorities in the exercise of authority or when transferred the exercise of State

Administration, the Office shall send the competent authority responsible for the exercise of supervision pursuant to the Special

^ law 19a) the final decision referred to in paragraph 2 and in its

He shall forward the application and the administrative file.



TITLE V OF THE



The OFFICE of the



section 20



(1) the scope of the authority is governed by a special law. ^ 14)

In addition to the powers under other provisions of this Act



and) shall be supervised over whether and how the competitors shall perform

the obligations arising from this Act for them, or from decisions of the Office

issued under this Act,



(b)) shall be supervised over whether the public authorities do not interfere with

competition,



(c) proposals for authorisation) publishes the mergers and their final

decision.



(2) in cases where the situation on the individual markets suggests that the

competition is distorted, the Office performs on such markets investigation

conditions of competition (hereinafter referred to as "sector inquiries") and proposed measures

to improve their services, in particular, produces reports, whose content are

recommendations for improving the conditions of competition.



(3) in the exercise of supervision pursuant to paragraph 1. and) and implementation of the sectoral

the investigation referred to in paragraph 2, the authority shall proceed mutatis mutandis under section 21e, AWACS and

21 g, and may initiate proceedings ex officio.



(4) where it is found violation of the obligations provided for in § 3 (1). 1, § 11

paragraph. 1 or § 18 para. 1, the Office may impose corrective measures, which

the purpose is to restore effective competition on the market, and to provide the

reasonable period of time to meet them. The imposition of measures to remedy the

does not preclude the concurrent imposition of a fine pursuant to section 22(2). 1 (b). b), c), or

(d)) and § 22a para. 1 (b). b), c) or (d)).



section 20a



(1) the authority shall have the power to apply the provisions of articles 101 and 102 of the Treaty in individual

cases where the conduct of competitors could have effect on trade between

Member States within the meaning of article 87(1). 101 or 102 of the Treaty. For this purpose,

shall be entitled to



and) to require the cessation of the infringement,



(b)) to order interim measures



(c)), enter into commitments



(d)) to impose fines.



(2) the authority may, by decision, individual competitors the advantage of EU

the block exemption regulation may be withdrawn if the agreement have in a particular case, the effects of

incompatible with article 81(3). paragraph 101. 3 of the Treaty in the territory of the Czech Republic or to the

in part, that has all the characteristics of a separate geographic

the market.



(3) the authority is also entitled to



and ask the Commission to grant) copies of documents necessary for the assessment of

the case,



b) consult the Commission on any case which is used for the right

The European Union,



(c) provide each other with) the Commission and other competition authorities

Member States and use in evidence any factual or legal

, including confidential information,



(d)) ask the Commission to include in the agenda of the Consultative Committee for

restrictive practices case, which deals with,



(e) to submit observations to the courts) questions relating to the application of article

101 or 102 of the Treaty and request the competent court to send any

documents necessary for the assessment of the case,



f) carry out investigations at the request of the competitive authority on another

of a Member State,



g) to deliver opinions to the Commission, carried out according to

The merger regulation,



h) issue decisions in cases where the regulations of the European Union, adopted by the

in accordance with articles 103 to 106 of the Treaty, authorize the authority to adopt

the decision,



I) receive remedial measures, the conditions and details of the designated

The Commission and the Member State to which the authorised the adoption of necessary measures to

the remedy provided for in article 105 paragraph 2. 2 of the Treaty.



(4) the authority shall



and provide Commission) all the information necessary to carry out the

tasks assigned to it by regulation and the regulation on mergers,



(b) provide the Commission with the necessary assistance) in the case of location or

impeding the investigation by Regulation or under the merger regulation

a competitor,



(c) inform the Commission in writing and) the competition authorities of the other Member States

to initiate the procedure under article 101 or 102 of the Treaty,



(d)) at least 30 days before issuing a decision under paragraph 1 to send

Summary of the case, the Commission envisaged decisions and other documents

necessary for the assessment of the case; This information can also be given to

available to the competition authorities of the other Member States,



(e) to appoint a representative) Advisory Committee on restrictive practices, the

The Advisory Committee for the connection,



(f) at the request of the Commission) to conduct investigations as they deem necessary.



(5) the procedure under the merger regulation, the authority shall be entitled to




and comment on the draft) on the referral of the case before its notification ^ 14a),



(b)) to ask the Commission to refer the case ^ 14b),



(c)) under the conditions laid down by regulation about mergers ^ 14 c) request the Commission to

examination of the case,



(d)) to decide on the case transferred by the Commission ^ 14 d).



TITLE VI OF THE



PROCEEDINGS BEFORE THE OFFICE



section 21



Initiation of proceedings



(1) the procedure for the authorisation of the concentration and the authorization procedure exceptions from the prohibition on

the implementation of the concentration are initiated on the basis of the proposal; other proceedings

under this Act are initiated ex officio.



(2) the authority may, after a preliminary examination of the matter under section 20 (2). 1 (b). and)

not to initiate proceedings ex officio, if it is not on his leadership of the public interest with

given the low level of the negotiations on the economic impact

competition; taking into account in particular the nature of the negotiations and the manner of its

design, the importance of the market and the number of affected consumers. About

not to open proceedings, the Office shall make a written record, stating why the proceedings

has commenced.



§ 21a



Parties to the proceedings



(1) in proceedings for the merger and in the authorisation procedure for exemptions from the prohibition on

implementation of joins are party to the proceedings, persons who are required to

to submit a proposal for the merger (§ 5 para. 2).



(2) in other cases, the parties are those whose rights and

the obligations laid down by this Act to be in the management of the branch and

decided.



(3) in proceedings relating to anti-competitive agreements, as a result of

the cumulative effect of vertical agreements for the distribution of

the same, of comparable or assimilated goods, when one of the parties

These agreements is always the same competitor that their conclusion, other

competitors suggests, the Office may restrict the parties only on the

This competitor.



(4) If a legal person is suspected of being the conclusion of a disabled

agreements, abuse of dominant position or illegal implementation

concentration lapses, leads the proceedings under this Act with its legislation

successor.



§ 21b



The communication of reservations



In the notice of objections, the Office shall inform the parties of the amount of the fine also

It intends to save the parties. After objections, the authority will allow the

the parties meet with the decision and shall set

a reasonable time limit within which the parties may propose additions

the taking of evidence; This time limit shall not be shorter than 15 days. To later referred to

facts and evidence shall be disregarded; This does not apply in the case of fact

or evidence that the participant could not apply before.



§ 21 c



Specific provisions on the case-file and the inspection of it



(1) for the inspection of the file are excluded those parts that contain

commercial, banking or other similar legally protected secrets; the dossier shall

include in addition to the documents containing such secrets as well as of the Charter of

where was this mystery, or a sufficiently detailed

the listing, which does not contain the secrets.



(2) at the request of the Office of the person subject to protection of commercial, banking or

other similar legally protected secrets, shall in addition to the

documents containing such secrets to submit as the instruments from which

This secret was removed, or the purchase of such documents

a sufficiently detailed statement that does not contain the secrets.



(3) an application for the abandonment of the imposition of a fine and a request for reduction of the fine in accordance with

§ 22ba para. 5, as well as other documents and information that were in the

connection with the Office, to the communication of reservations to be retained

outside of the file.



(4) inspection of the files are further excluded those parts of it that

contain a request for a waiver from the imposition of fines and a request for reduction of the fine

According to § 22ba para. 5, as well as other documents and information that were in the

connection with the Office; to such parts of the file may

the conditions laid down in paragraph 1 may be consulted only by the party or

his representative. The provisions of § 38 paragraph 1(a). 4 of the code of administrative procedure shall not apply.



§ 21d



The burden of proof



(1) if the parties to the proceedings in the case of prohibited agreements argue that they

covered by the exception under § 3 para. 4 or § 4 shall propose

evidence to establish that the conditions for applying such exceptions are

met. Where the participants in such evidence does not mark, the Office may be considered

satisfied that these conditions have not been fulfilled.



(2) if the parties are to propose commitments pursuant to § 7 para. 2 or § 11

paragraph. 3 or § 17 para. 4, are required to propose evidence to demonstrate,

the implementation of these obligations is sufficient to restore or maintain the

effective competition. If such evidence does not mark the participants,

the Office is not obliged to prove that these commitments are not sufficient to

restoring or maintaining effective competition.



(3) If the Office, the party to proceedings shall be obliged to propose

evidence to demonstrate the performance of the obligations pursuant to § 7 para. 2 or § 11 (1) 3

or § 17 para. 4, measures imposed pursuant to § 18 para. 5, and measures to

the remedy under section 20 (2). 4. Where the participants in such evidence does not mark,

the Office may be regarded as proven, that such commitments and measures are being met

were not.



section 21e



The provision of information



(1) the competitors are obliged to provide the Office complete, correct and true

documents and information, including trade books, other business records

or other records that may be relevant for the clarification of the subject

proceedings (hereinafter referred to as "business records").



(2) on the written request of the authority, the competitors must provide the Office

documents and information, including business records within the time limit laid down.

At the request of the Office shall state the legal basis and the purpose of the investigation, and notify the

that, for their failure to provide or the location of their examination may

The authority to impose a fine pursuant to section 22 c.



(3) the obligation to provide free of charge the authority at his written request

documents and information that are available, and the public authorities have

power and natural and legal persons which are not competitors; supporting documents and

the information obtained by the public authorities, including law enforcement authorities,

proceedings, may be used as the basis of the decision of the Office. In the request for

provision of information the Office is obliged to indicate the provisions of the Act, which

your request is based, a range of data that is required and

the purpose for which the information is required.



§ AWACS



On-spot investigations at the business premises



(1) the Competitors are obliged to submit to the Office's investigations on the grounds and

in all buildings, premises and means of transport, which

used in their activities in competition (hereinafter referred to as "business

the premises ").



(2) in the framework of the investigation are employees of the authority, or other Authority

authorised persons, are entitled to



and) enter into premises of competitors, for which the investigation

is in progress,



(b)) to verify whether, in the case of documents and records a business

records,



(c)) access to business records that are in the business premises

are or are accessible, regardless of the form in which

are stored,



(d)) to take or obtain in any form copies of or extracts from

business records,



e) to seal business premises or cupboards, the Clipboard, or business

records are located at the time and to the extent necessary for the implementation of

the investigation,



(f)) to require from a competitor and persons in employment or other

a similar relationship to him, or people, that competitor commissioned

to perform certain activities on his behalf, to the extent necessary

assistance necessary to carry out the investigation, as well as an explanation of the

business records.



(3) the Competitor is required to provide the Office in carrying out the investigation

the necessary assistance for the performance of his entitlement under paragraph 2 and performance

These permissions.



(4) for the purposes of the investigation at the business premises are employees of the Office

the authority to ordain to these areas access, open closed cabinets

or mailbox, or in any other way accessible to business

records. Each object, in which such premises are located,

is obliged to tolerate the investigation in these areas; If this fails to

obligation, are employees of the Office are entitled to regularize access to them.



(5) the investigation shall be carried out on the basis of written credentials issued

the Chairman of the Agency, or by another person so authorized by the internal

regulations of the Office. The credentials must in particular contain the name or names,

last name, capacity and signature of the person authorized to issue date

copy and imprint of the official stamp, the legal provisions referred to in

which the investigation is to be carried out, indicate commercial premises

a competitor, in which the investigation is to be carried out, the subject of the investigation and the date

It is to begin, as well as the name or names and last names of the employees

The Office or other Authority responsible for the investigation of persons who have

to do this.



(6) prior to the initiation of the investigation, the Office shall communicate to the competitors, in whose business

the premises has the on-spot investigation take place, legal reason and purpose of the investigation

and instruct him about his rights and obligations under this Act, including the

options for the imposition of fines.



§ 21 g




On-spot investigation in non-business premises



(1) if there is reasonable suspicion that business records are in other

than business premises, including the apartments of the natural persons that are

the statutory authorities of the competitor or their members or

competitors in employment or similar relationship (hereinafter referred to as "other than

business premises "), can the investigation with the prior consent of the Court ^ 15)

also occur in such areas.



(2) the provisions on the investigations on the spot at the business premises are used

Similarly, except the provisions of § AWACS para. 2 (a). (e)).



§ 21 h



With European Union control element



(1) if the Office will initiate proceedings for breach of article 101 or 102 of the Treaty,

progresses in the conduct of proceedings and the conduct of investigations in accordance with the provisions of title

(VI) of this Act and make decisions on the provisions of § 7 and § 11 (1) 2

up to 6.



(2) where the authority carries out an investigation pursuant to article. 20 (2). 6, art. 21, art. 4,

article. 22 paragraph 1. 1 or 2 of regulation or article. 12 paragraph 1. 1, or article. in article 13(3). 6

The merger regulation, it shall proceed in accordance with titles VI and VII of this Act.



(3) where the authority has started proceedings for an infringement of article 101 or 102 of the Treaty and

in the same case, the Commission shall initiate proceedings in order to adopt a decision pursuant to

Title III of the Regulation, the Office shall control stops.



(4) if the Office initiated the procedure for infringement of article 101 or 102 of the Treaty and

the same things already addresses or to deal with the competition authority of another

Member State, the Office may stop or until the decision of the

such a competition authority.



(5) in the imposition of fines and remedial measures in investigations or proceedings

referred to in paragraphs 1 and 2, the authority shall proceed pursuant to section 20 (2). 4 and under title

VII of this Act.



(6) if the Commission decides to carry out an investigation pursuant to article. 21 of the regulation, it shall

The Commission or the Office of court bringing proceedings in matters of the protection of

competition ^ 15).



TITLE VII



ADMINISTRATIVE OFFENCES



section 22



Misdemeanors



(1) a natural person as a competitor commits a violation by



and breach of the seal located in) during the investigation, in accordance with § AWACS para. 2 (a).

(e)),



(b)) enters into an agreement in violation of § 3 para. 1,



c) contrary to section 11 (1) 1 exploited its dominant position,



(d) the connection is carried out) in violation of § 18 para. 1,



(e) fails to comply with an obligation under §) 7 (2). 2, § 11 (1) 3 or § 17 para. 4

or fails to comply with the measures referred to in section 18 para. 5, or



f) fail to comply with corrective measures imposed by the authority under section 20 (2). 4 or

another obligation laid down by decision of the Office.



(2) for the offense referred to in paragraph 1 (b). and you can impose a fine to) 300 000

And for the offense referred to in paragraph 1 (b). b), c), (d)), e) or (f))

up to 10 000 000 €, if not further specified that, for the offense under

paragraph 1 (b). (b)), the penalty is not saved.



§ 22a



Administrative offences of legal persons and natural persons-entrepreneurs



(1) a legal entity or individual entrepreneur as a competitor commits

the administrative offense by



and breach of the seal located in) during the investigation, in accordance with § AWACS para. 2 (a).

(e)),



(b)) enters into an agreement in violation of § 3 para. 1,



c) contrary to section 11 (1) 1 exploited its dominant position,



(d) the connection is carried out) in violation of § 18 para. 1,



(e) fails to comply with an obligation under §) 7 (2). 2, § 11 (1) 3 or § 17 para. 4

or fails to comply with the measures referred to in section 18 para. 5, or



f) fail to comply with corrective measures imposed by the authority under section 20 (2). 4 or

another obligation laid down by decision of the Office.



(2) an administrative offence referred to in paragraph 1 (b). and) saves a penalty to 300

USD or 1% of the turnover achieved by the competitor for the last

completed financial year and for the administrative offence referred to in paragraph 1 (b). (b)),

(c)), d), (e)), or (f) fine to 10 000 000 Czk) or 10% of the turnover

achieved by the competitor for the last completed financial year, if it is not

further provides that in the administrative offence referred to in paragraph 1 (b). (b))

the fine is not saved.



(3) If a fine imposed in accordance with paragraph 2 of the Association competitors, can

be imposed of up to 10% of the total net turnover achieved for

last completed financial year its members. Each Member of the Association shall be liable for

payment of the fine imposed in this way up to 10% of their net turnover

for the last completed financial year.



(4) for the administrative offence referred to in paragraph 1 (b). (b) committed in the context of)

the contract award procedure or by the conclusion of the contract on the fulfilment of the public

procurement of a minor nature, together with a fine referred to in paragraph 2 saves ban

performance of public contracts for a period of 3 years according to the Act on public

procurement, if not stipulated otherwise. Running time, which is the prohibition of

performance of public contracts stores, starting on the day when the decision establishing the

was saved by the ban on public contracts, came into legal force.



(5) an administrative offence referred to in paragraph 1 (b). (b) committed in the context of)

with the concession procedure, together with a fine referred to in paragraph 2 saves ban

the performance of the concession contract for a period of 3 years by the concessions Act, if it is not

unless provided otherwise below. Running time, which is the prohibition of the performance of the concession

the contract stores, beginning on the date of the decision, which was saved by ban

the performance of the concession contract, came into legal force.



(6) on the acquisition of the legal force of the decision establishing the prohibition of performance

public contracts referred to in paragraph 4, or a prohibition of the performance of the concession contract

in accordance with paragraph 5, it shall notify the Office of the Ministry for local development ^ 20).



§ 22aa



Administrative offences by public authorities



(1) the public authority is guilty of an administrative offense that disrupts the

competition in violation of section 19(a)(1). 1.



(2) for the administrative offence referred to in paragraph 1 shall be fined in the amount of 10 000

000.



section 22b



Provisions common to administrative offences



(1) a legal person or a public authority for the administrative offence

do not match, if they prove that they have made every effort, which was

may be required to prevent a violation of legal obligations.



(2) in determining the amount of the fine on a legal person or a public authority

taking into account the severity of the administrative offense, in particular, to the way its

having committed and its consequences, and the circumstances under which it was committed. Additionally,

taking into account the discussions of the legal person or a public authority in

during the proceedings before the Office and their efforts to remove the harmful consequences

the administrative offense.



(3) the responsibility for the administrative offence shall cease, if the administrative authority about him

has commenced proceedings in the 5 years from the date on which it learned, no later than

However, within 10 years from the date on which it was committed.



(4) administrative offences under this law in the first instance hearing

The Office.



(5) The liability for the acts, which took place in the business

person ^ 16) or in direct connection with the applicable provisions of the Act

on the liability of legal persons and sanctions.



(6) responsibility for an administrative offense, which was a legal person,

is transferred to its legal successor. If the defunct legal person

more successors in title, shall be responsible for the administrative offence, each of them. When

area of the fine, to take into consideration the extent to which were transferred to the

the successor to the income, benefits, and other benefits from the committed administrative

offense, and continues to do so, one of the successors in title of work,

While that was an administrative offence has been committed.



(7) to lapse if the legal person who has committed an administrative offence, up to

the acquisition of the decision, in which it has been for this administrative offence

fine, the obligation to pay the fine on the legal

the successor to the defunct entity. If it is, successors in more

shall be responsible for payment of the fine jointly and severally.



§ 22ba



The abandonment of the imposition of fines and reduction of fines



(1) if the authority recognised by the competitor guilty of the administrative offense under §

22 paragraph 1. 1 (b). (b)), or according to § 22a para. 1 (b). (b)),



and) refrain from the imposition of fines, if a competitor



1. first of all the competitors shall submit to the Office of the information and documents

classified horizontal agreement which the Office has not yet obtained and which

justify the implementation of targeted on-site investigations pursuant to § § AWACS or 21 g

or show the existence of such agreements under this Act,



2. once the participation in this agreement,



3. do not make the pressure on the other competitors, in order to participate in this agreement,

and



4. in the administrative procedure actively helps to clarify the case, in particular

the Office shall provide all the documents and information available on this

the agreement, or



(b) a fine of) will reduce the amount of which he informed the parties in a communication

reservations, up to 50% if the competitor shall submit to the Office of the information and documents

classified horizontal agreement which have significant added probative

value in relation to the evidentiary value of documentation and information, the Office has not yet

obtained, and has met the requirements referred to in point (a)) points 2 to 4; shall take into account

to order competitors, to the time when the Office of the information and documents on the

the horizontal agreement shall submit a classified, and the extent to which information and

documents reinforce its nature or details of the opportunity to demonstrate to the authority

classified horizontal agreement.



(2) if the authority recognised by the competitor guilty of the administrative offense under §

22 paragraph 1. 1 (b). b), c) or (d)), or according to § 22a para. 1 (b). b), c)

or (d)), so reducing the fine, whose amount has informed the parties in


the communication of reservations, about 20%, if a competitor to commit the administrative

He admitted the offence and if the Office considers that, having regard to the nature and

the severity of the administrative offense is such a sufficient penalty.



(3) if the Office shall refrain from the imposition of a fine pursuant to paragraph 1. and) or

If a fine referred to in paragraph 1 (b). (b)) or under paragraph 2, cannot be

the same competitors impose a prohibition on public contracts or ban

the performance of the concession contract.



(4) to refrain from imposing a fine pursuant to paragraph 1. and) or reduce the

a fine referred to in paragraph 1 (b). (b)), or paragraph 2, it can only be based on the

applications submitted by a competitor.



(5) an application for the abandonment of the imposition of a fine pursuant to paragraph 1. and) must

be made no later than the date on which the communication was delivered to competitors

reservations pursuant to § 21b. Request for reduction of the fine referred to in paragraph 1 (b). (b))

must be submitted no later than 15 days from the date on which the competitors

served with the notice of objections pursuant to § 21b. The request can be taken back to the

15 days from the date of expiry of the deadline for their submission. The request, which was

withdrawn, and to the documents and information supplied to it in the control

not taken into account.



(6) a request for reduction of the fine provided for in paragraph 2 must be filed no later than

within 15 days of the date on which the competitors delivered objections under section

21B.



(7) the request that was filed later than provided for in paragraph 5

or 6, the Office shall discuss only in cases worthy of special attention.



section 22 c



Fine won



(1) Competitors can impose a fine of up to 300 000 Eur or

1% of the turnover achieved by the competitor for the last completed

accounting period, if fails to comply with the obligation under section 21e of paragraph 1. 1 or 2

or § AWACS para. 3.



(2) fined can be saved and reused. The total amount of repeatedly

the fines imposed shall not exceed 10 000 000 € or 10% of the net

the turnover for a competitor to the last completed financial year.



Article 23 of the



cancelled



TITLE VIII



CONFIDENTIALITY AND COMMERCIAL CONFIDENTIALITY



section 24



A person in employment or other relationship to the Office, on the basis of

the Office carries out activity in which he learns the fact constituting the subject of the

a trade secret or confidential information shall be required of them

confidentiality, even after the termination of this relationship.



TITLE IX OF THE



cancelled



§ 25



cancelled



TITLE X



COMMON, ENABLING, TRANSITIONAL AND FINAL PROVISIONS



§ 25a



The use of administrative procedure



Unless otherwise provided by this Act, the procedure in proceedings before the Office

According to the code of administrative procedure, with the exception of the provisions on the resolution of conflicts between

the Administration, which leads to the proceedings, and administrative authorities which are

the authorities concerned regarding the solution to the issue that is the subject

^ 18 decisions), the provisions on who can impose a fine and

to what amount you can save ^ 18a), provisions on the prohibition of the contested changes

decision to the detriment of the appellant ^ 18b), provisions relating to time limits for

^ decision 18 c), the provisions on the specific characteristics of the procedure for

decomposition, the provisions on the composition of the Appellate Committee and on the possible way

termination of decomposition ^ 18 d) and further provisions about the participants

control ^ 18e) and provisions on the procedure when in doubt whether someone is

by ^ f); the provisions of the administrative code on participants in proceedings

by a special Act ^ 18 g) shall not apply.



§ 25b



On the procedure of the authority under this Act, the legislation on the control of ^ 21)

do not apply.



section 26



the title launched



(1) the authority shall lay down by Decree of the content and format of the proposal on the merger

under § 15 para. 3 and § 16a para. 1.



(2) the authority may issue a decree under section 4 (4). 2 allow the block exemption from the

the prohibition of agreements under section 3 (1). 1.



section 27 of the



Transitional provisions



(1) a derogation granted by the Office pursuant to the present rules shall be construed as

exemptions issued under this Act.



(2) the proceedings initiated before the date of entry into force of this Act shall be

According to present regulations. completes



section 28



Regulation (EEC)



Shall be deleted:



1. Act No. 63/1991 Coll., on the protection of competition.



2. Act No. 495/1992 Coll., amending and supplementing Act No. 63/1991

Coll., on the protection of competition.



PART TWO



Amendment of the Act No. 283/1993 Coll.



section 29



In Act No 288/1993 Coll., amending and supplementing Act No. 63/1991

Coll., on the protection of economic competition, as amended by law no 489/1992 Coll., and

Act No. 513/1991 Coll., the commercial code, as amended by Act No. 265/1992

Coll., Act No. 586/1992 Coll. and Act No. 600/1992 Coll., article. I, II, and IV

shall be deleted.



PART THREE



Amendment to Act No. 132/2000 Sb.



section 30



In Act No. 132/2000 Coll., amending and repealing certain acts

associated with the regions, the municipalities Act, the Act on

the district offices and the Act on the capital city of Prague, the provisions of article XVI of the

repealed.



PART FOUR



The EFFECTIVENESS of the



section 31



This Act shall take effect on 1 January 2000. July 2001.



Klaus r.



Havel, v. r.



Zeman in r.



Selected provisions of the novel



Article. (III) Act No. 340/2004 Coll.



Transitional provisions



(1) the proceedings initiated before the date of entry into force of this Act shall be

According to present regulations. completes



(2) in proceedings under Title IV of Act No. 143/2001 Coll. commenced prior to the

entry into force of this Act shall assess the Office for the protection of

competition, whether a concentration is subject to authorisation in accordance with this Act. In the case of

that the connection will not be subject to authorization, the authority for the protection of

competition decision that a merger is not subject to authorisation.



(3) The data contained in the cartel register of the effective date of this

the law can be used to inspect and take copies and extracts from them for a period of 10 years

from the effectiveness of this Act.



(4) the exceptions to the prohibition of anti-competitive agreements, which

It was the Office for protection of competition has been decided before the effective date

This Act shall remain in force for a period of time that have been

the decision allowed.



(5) the Office for the protection of competition may, on application of at least one

of the parties about the merger change the authorization decision

connection, which has acquired legal force before the effective date of this Act,

so, to change the terms, conditions, restrictions or obligations, which made the

authorisation, or any other, if as a result of accession of the Czech

Republic to the European Union have changed significantly, the fact that they were

relevant for the determination of these conditions, restrictions or obligations. Such

the proposal is to be submitted within a period of 6 months from the effective date of this

the law. The parties are the ones who were the parties of

to enable the connection.



Article II of Act No. 361/2005 Coll.



Transitional provision



If the Authority before the date of entry into force of this Act, filed

at the initiation of the procedure under section 15 of Act No. 143/2001 Coll., as amended effective

to the effective date of this Act, in the case of a proposal to link with

the communitarian dimension ^ 1), and it has already been notified to the Commission by that date ^ 2)

The Office of proceedings in this case stops, or is not started.



Article. (II) Act No. 155/2009 Sb.



Transitional provision



The proceedings initiated before the date of entry into force of this law shall be completed

pursuant to Act No. 143/2001 Coll., in the version in force until the date of entry into force of

of this Act.



Article. (II) Act No. 360/2012 Sb.



Transitional provision



The procedure, which has not been completed before the date of entry into force of

This Act shall be completed according to the existing legislation.



1) Article. 17 et seq. The Treaty on European Union.



1A) Council Regulation (EC) No 1/2003 of 16 December 2002. December 2002 on the implementation of

the rules on competition laid down in articles 81 and 82 of the Treaty.



1B) Council Regulation (EC) No 139/2004 of 20 January 2004. January 2004 on the control of

of concentrations between undertakings.



1B) Council Regulation (EC) No 139/2004 on the control of concentrations between undertakings.



2) § 44 et seq. the commercial code, as amended by Act No. 367/2000 Coll.



4) § 39 of the civil code, as amended by Act No. 509/1991 Coll.



5) Article. 42 of the Treaty.



Council Regulation (EC) no 1184/2006 of 24 March 2006. July 2006 on the use of

certain rules of competition to the production of agricultural products

and trade (codified version).



7) § 5 of the commercial code, as amended by Act No. 367/2000 Coll.



8 section 70 et seq.). the commercial code, as amended by Act No. 367/2000 Coll.



9) Act No. 182/2006 Coll., on bankruptcy and the ways of its solution (insolvency

Act), as amended.



10) section 20 (2). 2 (a). a) of Act No. 563/1991 Coll., on accounting, in the

as amended.



11) § 1 (1). 1 of law No 21/1992 Coll., on banks, as amended

regulations.



12) § 2 (b). a) of Act No. 363/1999 Coll., on insurance and amending

some related laws (Act on insurance).



13) Article. 22 paragraph 1. 1 Council Regulation (EC) No 139/2004.



14) Act No. 273/1996 Coll., on the competence of the authority for the protection of

competition, as amended by Act No. 184/1999 Coll.



14A) Article. 4 (4). 4 and 5 of Council Regulation (EC) No 139/2004.



Article 14b). 9. 2 Council Regulation (EC) No 139/2004.



14 c) Article. 22 paragraph 1. 1 Council Regulation (EC) No 139/2004.



14 d) Article. 9. 3 Council Regulation (EC) No 139/2004.



14E) article 2 of Council Regulation (EC) No 1/2003 on the implementation of the rules


competition laid down in articles 81 and 82 of the Treaty.



15) of section 200 of Act No 99/1963 Coll., the code of civil procedure, as amended by

amended.



16) § 2 (2). 2 of the commercial code, as amended by Act No. 85/2004 Sb.



18) § 136 paragraph. 6 of the administrative code.



18A) § 62 para. 1 and 2 of the administrative code.



18B) § 90 para. 3 of the administrative code.



18 c) section 71 of the administrative code.



18 d) § 152 paragraph 1. 3 and 5 of the code of administrative procedure.



18e) section 27 para. 1 and 2 of the administrative code.



18F) section 28 of the code of administrative procedure.



18 g) section 27 para. 3 of the administrative code.



1) Article. 1 Council Regulation (EC) No 139/2004.



2) Article. 4 Council Regulation (EC) No 139/2004.



19) § 55 para. 2 Act No. 256/2004 Coll., on capital

market, as amended by Act No. 230/2008 Coll. and Act No. 188/2011 Sb.



19a) Act No. 128/2000 Coll., on municipalities (municipal establishment), as amended by

amended.



Act No. 129/2000 Coll., on regions (regional establishment), as amended

regulations.



Act No. 133/2000 Coll., on the capital city of Prague, as subsequently amended

regulations.



20) § 144 of Act No. 137/2006 Coll., on public procurement, as amended by

amended.



§ 31a of law No 137/2006 Coll., on concession contracts and concession management

(the concession Act), as amended by Act No. 417/2009 Sb.



21) Act No. 553/1991 Coll. on State control, as amended

regulations.