Amendment Of The Act On The Protection Of Competition And Some Laws

Original Language Title: změna zákona o ochraně hospodářské soutěže a některých zákonů

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=58063&nr=340~2F2004~20Sb.&ft=txt

340/2004 Coll.



LAW



from day 4. in May 2004,



amending the Act No. 143/2001 Coll., on the protection of competition and the

amendments to certain acts (the Act on the protection of competition), and some

other laws



Parliament has passed the following Act of the United States:



PART THE FIRST



Amendment of the Act on the protection of competition



Article. (I)



Act No. 143/2001 Coll., on the protection of competition, is amended as follows:



1. In article 1 (1). 1 the words "under the conditions laid down in this Act,

its ' shall be deleted.



2. In paragraph 1, the following paragraph shall be inserted after paragraph (2), including notes

footnote # 1) and 1a) is inserted:



"(2) this Act regulates the procedure for the application of articles 81 and 82

The Treaty establishing the European Community (hereinafter referred to as the "agreement") the authorities

The United States and some issues on their cooperation with the Commission of the European

Community ^ 1) (hereinafter referred to as "the Commission") and with the authorities of the other Member

States of the European communities when the procedure pursuant to Council Regulation (EC) on the

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

^ 1a) of the Treaty (hereinafter referred to as "the regulation").



1) Article. 211 et seq.. The Treaty establishing the European Community.



1A) Council Regulation (EC) No 1/2003 on the implementation of the rules on

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



Paragraphs 2 to 5 shall become paragraphs 3 to 6.



Footnote 1) is renumbered as footnote

# 1b), including a link to a footnote.



3. In article 1, paragraph 3, the following paragraph 4 is added:



"(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

Of the European communities pursuant to articles 81 and 82 of the Treaty. ".



Paragraphs 4 to 6 shall be renumbered as paragraphs 5 to 7.



4. In section 1 (1). 7, the words "and in the provision of public support ^ 3)" including

footnote 3) are repealed.



5. In section 3, paragraph 3. 1, the words "its decision or decree" are replaced by

the words "implementing regulation".



6. In section 3, paragraph 3. 3 the first sentence after the word "disabled" the words "and

invalid ".



7. In paragraph 3, the following paragraph 4 is added:



"(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. ".



8. section 4 is repealed.



9. in section 6 (1). 1 (b). and the number ") 5%" is replaced by "10%".



10. In section 6 (1). 1 (b). (b)), the number "10%" is replaced by "15%" and

the words "unless otherwise provided by the Office of the Decree, the proportion is higher," shall be deleted.



11. paragraph 7, as follows:



"section 7 of the



(1) if the Office finds in proceedings under sections 3 to 6, that 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) in proceedings under paragraph 1, the authority may impose, so that participants have met the

the measures, which together have proposed, if they are sufficient for the protection of

of competition, and deletes to their fulfilment of the defective condition.

If the Office finds sufficient grounds for such measures, in writing

communicate to competitors and continues to control; otherwise stores meet these

measure and control stops.



(3) the measures provided for in paragraph 2, the parties may propose in writing

The authority no later than 15 days from the date on which the Office delivered them to reservations

the agreement; at a later filing or change the proposed measures will take into account

The authority only in cases worthy of special attention. The parties are

bound by design for the Office as well as with each other, or against the

third parties, and from the submission of the proposal to the decision of the authority referred to in paragraph 2

the agreement shall not, in its original text.



(4) the authority may not issue a decision referred to in paragraph 2, if the disabled

the agreement has already been fed and had or might have resulted in substantial

distortion of competition.



(5) after the termination of the proceeding 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) competitors shall act in conflict with the stored measures, or



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

documents, data and information. ".



12. section 8 and 9 are deleted.



13. in paragraph 11 (1) 1 (b). f), the words "and these" shall be replaced by "that

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

another legal reason, if ".



14. in section 11 (1) 1 at the end of the text of the letter f), the words ";

the same applies, mutatis mutandis, for the denial of access to other competitors for the

reasonable compensation for the use of the intellectual property rights or access to

networks that the dominant competitor owns or uses the

the basis of another legal reason, if such use is necessary for the

participation in the competition in the same market as the dominant competitors

or in a different market. "



15. In article 11, paragraphs 2 and 3 shall be added:



"(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) in any proceedings referred to in paragraph 2, the authority may impose, so that participants have met the

the measures, which together have proposed, if they are sufficient for the protection of

of competition, and deletes to their fulfilment of the defective condition.

If the Office finds sufficient grounds for such measures, in writing

communicate to competitors and continues to control; otherwise stores meet these

measure and control stops. ".



16. in article 11 the following paragraphs 4 to 6 shall be added:



"(4) the measures provided for in paragraph 3, the parties may propose in writing

The authority no later than 15 days from the date on which the Office delivered them to reservations

their conduct; at a later filing or changes of the proposed measures

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

pursuant to paragraph 3 shall not act in a way that is the subject of reservations

The Office.



(5) the authority may not issue a decision pursuant to paragraph 3, where the abuse

of a dominant position has resulted in a substantial distortion of

competition.



(6) 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 shall act in conflict with the stored measures, or



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

documents, data and information. ".



17. § 12 para. 2 the words "about the sale of the company" shall be deleted.



18. in section 12 paragraph 4 is added:



"(4) the merger pursuant to paragraph 3 is the emergence of joint control over

competitor (hereinafter referred to as "jointly controlled undertaking '), which

long term fulfils all the functions of an autonomous economic unit. ".



19. in section 12 paragraph 5 is added:



"(5) the establishment of joint control over the joint undertaking whose

the purpose of the coordination of the competitive behaviour of people controlling it, who

the market continues to remain independent competitors, is assessed as

the agreement, according to the head of the other competitors. "



20. section 13 reads as follows:



"section 13



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

conversion,



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, above which the

undertaking is obtained, control or



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

creating together a 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. ".



21. in § 14 para. 2 (a). (b)), the words "the merging of a competitor

check "are replaced by the words" will be joining a competitor's control

After making the connection ".



22. in § 14 para. 2 (c)):



"(c)) persons, which checks for the person who will be joining the

competitors check after making the connections, and ".



23. in article 14, paragraph 3 reads:



"(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)). ".



24. in article 15, paragraph 2. 2 the words "about the sale of the company" shall be deleted and the words

"start controlled undertaking together" are replaced by the words "to gain control

over the joint undertaking ".



25. in article 15, paragraphs 3 and 4 are added:



"(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. 3).



(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. ".



26. Footnote 13) is repealed.



27. in article 15, paragraph 5 shall be deleted.



28. in article 16 paragraph 1 reads:



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

The business journal and fixed in the time limit for the filing of objections to the

this connection. ".



29. in § 16 para. 3, the words "shall be deemed" shall be replaced by "apply".



30. In article 16(1). 4 the first sentence, after the words "the Office" shall be replaced

"in writing", the word "there" shall be replaced by the words "to be" and the other in a sentence

the words "shall be deemed" shall be replaced by "apply".



31. in section 16(1). 5, the first sentence is replaced by the following sentences: "the Office may

party to the proceedings in writing prompt to indicate additional information required

for the issuance of the decision to allow the connection, or to such

the facts presented further evidence. Period from the date of receipt of such

challenges of the party to proceedings until the day when this obligation will be fulfilled in the

the time limits referred to in paragraphs 2 and 4 shall not be counted. ".



32. In § 17 paragraph 2. 2, after the word "connection" is inserted after the word "decision".



33. In § 17 paragraph 3 reads:



"(3) the authority may permit the concentration subject to commitments in

favour of 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 notice under section 16(1). 2 the authority in the management of

continues. To later draft commitments or changes to their content

the authority shall take into account only in cases worthy of special attention, if they

delivered to the Office within 15 days after the end of the period referred to in the first sentence of this

provisions. Suggest merging to the competitors of the undertakings in the course of

the first 30 days of the procedure, the time limit shall extend under section 16(1). 2 to 15 days.

Suggest merging to the competitors of these commitments then their Authority

According to § 16 para. 2 that in the procedure continues, the time limit shall extend

for the issue of a decision under section 16(1). 4 to 15 days. ".



34. In section 18 at the end of paragraph 1, the following sentence "Competitor also

It may not be such measures that would lead to nezvratitelnosti

carried out the connection and permanently changed the structure of the market. ".



35. In section 18 para. 2, the words ' without ' shall be deleted.



36. In section 18 para. 4, the third sentence shall be deleted.



37. In section 18 para. 4, the words "shall be deemed" shall be replaced by "apply".



38. In section 19 para. 1, the words ' acting in accordance with the conditions, restrictions,

or liabilities, subject to authorisation by the authority "shall be replaced by the words" does not comply with

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



39. In section 20 (2). 1 (b)):



"(b)) to enable the proposals published by the mergers and their final

decision. ".



40. In paragraph 20, the at the end of the text of paragraph 2, the words "paragraph. 5 to 9 ".



41. in section 20, the following new section 20a, which reads as follows:



"section 20a



(1) the authority shall have the power to apply articles 81 and 82 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). 81 or 82 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 refuse the benefit of any exemption regulation in

meaning of article 87(1). paragraph 81. 3 of the Treaty, if agreements have in a particular case

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

or part of it, which has all the characteristics of a separate

the geographic 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 community,



(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

81 or 82 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.



(4) the authority shall



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

tasks assigned to it by regulation,



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

impede the investigation of a competitor,



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

to initiate proceedings on the basis of article 81 or 82 of the Treaty,



(d)) at least 30 days before issuing a decision, send to the Commission a summary of the

the case, expected decisions and other documents necessary for the

assessment of the case; This information may also be made available to the

the competition authorities of the other Member States,



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



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



42. In paragraph 21 of the paragraph. 1, the second sentence shall be deleted.



43. In paragraph 21 of the paragraph following paragraph 4, including

footnote 14a):



"(4) the participants in the proceedings and the applicant is not a party to the proceedings, are

required to indicate the evidence to prove the alleged facts in accordance with the

immediately binding legal regulations of the European communities. ^ 14a)



14A) 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. ".



Paragraphs 4 to 8 shall be renumbered as paragraphs 5 to 9.



44. In paragraph 21 of the paragraph. 5, the words "are a place of examination" shall be replaced by

"are used in their business competitors (hereinafter referred to as

"trading spaces"), "and at the end of the paragraph the following sentence

including footnote # 15) is added: "If there is reasonable suspicion that

books or other business records are in other than

business premises including flats for natural persons who are

statutory bodies or their members or employees (hereinafter referred to as "other

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

be in them.



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

amended. ".



45. In article 21 paragraph 5 the following paragraph 6 is added:



"(6) for the purpose of investigation in commercial or non-commercial

the premises of the Office is empowered to ordain approach to these areas,

where appropriate, open closed cabinets or boxes. Each, in which the object

commercial or non-commercial facilities are located, is obliged to suffer the

investigation in these areas; If you fail to comply with this obligation, are

employees of the Office are entitled to ordain for trading or other than

business premises access. ".



Paragraphs 6 to 9 shall be renumbered 7 to 10.



46. In article 21, paragraph 10 shall be deleted.



47. under article 21, the following new section 21a and 21b are inserted:



"§ 21a



With community control element



(1) if the Office initiates the proceedings for the infringement of article 81 or 82 of the Treaty,

procedures for the implementation of an investigation pursuant to the provisions of § 21 para. 5 to 9 and

When making a decision pursuant to the provisions of § 7 and § 11 (1) 2 to 6.



(2) where the authority carries out an investigation pursuant to article. 20 (2). 5, art. 21, art. 4

or article. 22 paragraph 1. 1 or 2 of the regulation, it shall proceed in accordance with § 21 para. 5 to 9.



(3) where the authority has started proceedings for an infringement of article 81 or 82 of the Treaty and in the

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

Title III. Regulation, Office of management of the stops.



(4) if the Office initiated the procedure for infringement of article 81 or 82 of the Treaty and

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

Member State, the authority of such proceedings until the decision of the competition authority

Pauses or stops.



(5) in the imposition of fines in investigations or proceedings referred to in paragraphs 1 and 2

the authority shall proceed under section 22.



§ 21b



The investigation carried out by the Commission



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) ".



48. In paragraph 22 of the paragraph. 1, the words "pursuant to § 21 para. 4 "shall be replaced by" referred to in

§ 21 para. 5. "



49. In paragraph 22 of the paragraph. 2 the words "§ 4 paragraph 2. 1.0 "be deleted and the words" or

they have not fulfilled the obligations laid down in article 15, paragraph 2. 2 "shall be replaced by the words" or

to fulfil the obligations recognized under § 7 para. 2 or § 11 (1) 3. "



50. in paragraph 22 of the paragraph. 6 the first sentence, including footnote # 17):



"When the collection and enforcement of fines, the Office under a special legal

^ 17) of the code.



17) Act No. 337/1992 Coll., on administration of taxes and fees, as amended by

amended. ".



51. Title IX, including the title shall be deleted.



52. before section 26 the following new section 25a, that including the title and notes

line no. 18):



"§ 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. ^ 18)



18) Act No. 71/1967 Coll., on administrative proceedings (administrative code), as amended by

amended. ".



53. The heading of title X, added: "joint, ENABLING, transitional and CANCELLATION

The PROVISIONS ".



54. In article 26, paragraph 1 shall be deleted.



Paragraphs 2 to 4 shall be renumbered as paragraphs 1 to 3.



55. In section 26 para. 1, the word "may" and the words "and section 4, paragraph 4. 1 "be deleted and the

the words "by Decree allow" shall be replaced by "implementing

law permits ".



56. In section 26 paragraph 2 reads as follows:



"(2) the decision to individual competitors general benefits

exceptions to be withdrawn if, as a result of the agreement, subject to the developments on the market

a general exception did not meet the conditions set out in § 3 (1). 4. ".



57. In section 26 paragraph 3 reads:



"(3) the details of the terms of the merger proposal provides

Office of the implementing regulation. ".



Article II



Powers of execution



The Prime Minister shall be empowered, in the collection of laws promulgated the full text

Act No. 143/2001 Coll., on the protection of competition and amending

Some laws (law on the protection of competition), as is apparent from the

later laws.



Article. (III)



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.



PART TWO



Amendment of the Act on administrative fees



Article IV



The scale of administrative fees appearing in the annex to the Act No 368/1992 Coll.,

on administrative fees, as amended by Act No. 10/1993 Coll., Act No.

72/1994 Coll., Act No. 85/1994 Coll., Act No. 273/1994 Coll., Act No.

36/1995 Coll., Act No. 118/1995 Coll., Act No. 160/1995 Coll., Act No.

301/1995 Coll., Act No. 151/1997 Coll., Act No. 305/1997 Coll., Act No.

149/1998 Coll., Act No. 157/1998 Coll., Act No. 167/1998 Coll., Act No.

63/1999 Coll., Act No. 167/1999 Coll., Act No. 167/1999 Coll., Act No.

223/1999 Coll., Act No. 326/1999 Coll., Act No. 349/1999 Coll., Act No.

353/1999 Coll., Act No. 360/1999 Coll., Act No. 363/1999 Coll., Act No.

46/2000 Coll., Act No. 62/2000 Coll., Act No. 121/2000 Coll., Act No.

133/2000 Coll., Act No. 151/2000 Coll., Act No. 155/2000 Coll., Act No.

154/2000 Coll., Act No. 155/2000 Coll., Act No. 155/2000 Coll., Act No.

227/2000 Coll., Act No. 242/2000 Coll., Act No. 242/2000 Coll., Act No.

307/2000 Coll., Act No. 367/2000 Coll., Act No. 143/2001 Coll., Act No.

231/2001 Coll., the Act No. 76/2002 Coll., Act No. 107/2002 Coll., Act No.

120/2002 Coll., Act No. 146/2002 Coll., Act No. 150/2002 Coll., Act No.

173/2002 Coll., Act No. 312/2002 Coll., Act No. 320/2002 Coll., Act No.

129/2003 Coll., Act No. 131/2003 Coll., Act No. 148/2003 Coll., Act No.

149/2003 Coll., Act No. 218/2003 Coll., Act No. 274/2003 Coll., Act No.

276/2003 Coll., Act No. 356/2003 Coll. and Act No 360/2003, is amended

as follows:



1. item 61 including notes as follows:



"Item 61



and) proposal to allow mergers-$ 100000.0-



(b)) proposal to allow exceptions from the prohibition on the implementation of the $10000.0-link



Notes:



1. The proposal under (a)) this item means a proposal under section 15

paragraph. 1 of Act No. 143/2001 Coll., on the protection of competition and amending

Some laws (law on the protection of competition).



2. The proposal referred to in subparagraph (b)) this item means a proposal under section 18

paragraph. 3 of Act No. 143/2001 Coll., on the protection of competition and amending

Some laws (law on the protection of economic competition). ".



2. in item 62, point) including notes # 1 repealed.



Subparagraph (b)), and (c)) shall become letters and) and (b)).



The present note No 2 and 3 shall be renumbered as notes 1 and 2.



3. in note No 62 item 1, the words "(a), (b))" shall be replaced by

"(a))".



4. in note No 62 item 1, the words "paragraph (c))" shall be replaced by

"(b))".



PART THREE



To change the code of civil procedure



Article. In



Act No. 99/1963 Coll., the code of civil procedure as amended by Act No. 36/1967

Coll., Act No. 158/1969 Coll., Act No. 50/1973 Coll., Act No. 20/1975

Coll., Act No. 135/1982 Coll., Act No. 180/1990 Coll., Act No. 328/1991

Coll., Act No. 519/1991 Coll., Act No. 263/1992 Coll., Act No. 24/1993

Coll., Act No. 171/1993 Coll., Act No. 114/1994 Coll., Act No. 152/1994

Coll., Act No. 216/1994, Coll., Act No. 84/1995 Coll., Act No. 118/1995

Coll., Act No. 160/1995 Coll., Act No. 237/1995 Coll., Act No. 247/1995

Coll., Constitutional Court No. 31/1996 Coll., Act No. 142/1996 Coll.,

Constitutional Court No. 269/1996 Coll., Act No. 202/1997 Coll., Act

No. 227/1997 Coll., Act No. 15/1998 Coll., Act No. 91/1998 Coll., Act

No 165/1998 Coll., Act No. 326/1999 Coll., Act No. 360/1999 Coll., the award

The Constitutional Court No 2/2000 Coll., Act No. 27/2000 Coll., Act No. 30/2000

Coll., Act No. 46/2000 Coll., Act No. 105/2000 Coll., Act No. 130/2000

Coll., Act No. 155/2000 Coll., Act No. 204/2000 Coll., Act No. 220/2000

Coll., Act No. 227/2000 Coll., Act No. 367/2000 Coll., Act No. 370/2000

Coll., Act No. 120/2001 Coll., Act No. 137/2001 Coll., Act No. 231/2001

Coll., Act No. 273/2001 Coll., Constitutional Court No. 276/2001 Coll.

Act No. 311/2001 Coll., Act No. 451/2001 Coll., Act No. 491/2001 Coll.

Act No. 501/2001 Coll., Act No. 151/2002 Coll., Act No. 202/2002 Coll.

Act No. 229/2002 Coll., Act No. 309/2002 Coll., Act No. 320/2002 Coll.

Constitutional Court No. 476/2002 Coll. and Act No. 88/2003, is amended

as follows:



1. In paragraph 88, at the end of the letter o) dot is replaced by a comma and the following

letter p) is added:



"p) in whose district the seat of the Office for the protection of economic competition,

in the case of proceedings under section 200 h and the 200i. ".



2. the following paragraph shall be inserted after paragraph g 200 h and 200i, including title and

footnote # 34b) are added:



"§ 200 h



Proceedings on the preliminary consent of the investigation other than the

business premises in matters of protection of competition



(1) if there is reason to suspect that the investigation of distortion of

competition under a special legal regulation ^ 34b) are business

books or other records in non-commercial areas, including housing

individuals that are statutory bodies or their members or

employees (hereinafter referred to as "non-commercial spaces"), and such to be

the investigation carried out in these areas, the Office for the protection of

of competition or the Commission of the European communities proposal in court

claim that the Court gave its consent for such investigation.



(2) the petition must, in addition to the General requirements (section 42, paragraph 4, section 79 (1))

indicate non-commercial premises in which it is to be

the investigation carried out, and shall be the subject matter and purpose of the investigation,

the period within which the investigation is to be carried out, and the fact that show

reasonable suspicion pursuant to paragraph 1.



(3) a participant in the proceedings is the plaintiff and the person who uses other than


commercial spaces in which the investigation is to be carried out (hereinafter referred to as

the "user"). If the applicant of the Commission of the European communities,

the participant and the Office for the protection of competition.



§ 200i



(1) on the proposal for a resolution, the Court shall decide without a hearing; the provisions of § 43 shall

does not apply. In its resolution must be marked non-commercial areas, in the

which the investigation is to be carried out, the subject matter and purpose of the investigation and the period

in which the investigation is to be carried out. Potential user prior to hearings

the Court decision must not be thwarted by the purpose of the investigation.



(2) the order shall be served to the user at the start of the investigation. If it is not

the user of the present, investigation should be put to a person who is not on the things

involved; in this case, the user delivers the resolution along with the

Notice that the investigation was carried out, and with the Protocol taken during

This investigation.



(3) against the order of the Court are not remedies permitted.



34B) § 21 and 21b of Act No. 143/2001 Coll., on the protection of competition and

amending some laws (law on the protection of competition), in

amended by Act No. 340/2004 Coll. ".



PART FOUR



The EFFECTIVENESS of the



Čl.VI



This Act shall take effect on the date of its publication.



Fort Worth Star Telegram in r.



Klaus r.



Spidla in r.