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.
