Decree No. 227 / 2023 Coll.
Ordonnance on details of the leniency request and international cooperation request
Valid
Order
Effective from 29.07.2023
Text versions:
29.07.2023
14.07.2023
227
DECLARATION
of 23 June 2023
on the details of the leniency request and the request for international cooperation
Pursuant to Article 26 (3) of Act No. 143 / 2001 Coll., on the Protection of Competition and on the Amendment of Certain Acts (Law on the Protection of Competition), as amended by Act No. 226 / 2023 Coll.:
This decree implements the relevant European Union Regulation (1).
Scope of competitor identification data and description of events
(Paragraph 22ba (8) of the Law)
(1) The leniency application must contain the identity of the competitors to the extent that:
(a) the name and address of the competitor; and
(b) the names of all other competitors participating or participating in the alleged classified agreement.
(2) In addition to the detailed description of the alleged classified agreement, the description of the action must include:
(a) an account of the allegedly classified agreement between the products concerned and the designation of the territories concerned; and
(b) the duration and nature of the conduct of the alleged classified agreement.
(3) The request to maintain the order must contain, in addition to the particulars referred to in paragraph 1 and paragraph 2 (a) and (b), a fact on which the concerns which led to its submission were based, instead of the request to waive the fine.
(4) The summary application shall include, in addition to the elements referred to in paragraphs 1 and 2 (a) and (b), a list of the Member States where evidence of the alleged classified agreement is likely to be present.
Scope of the competitor's identification data and the necessary information in the request for international cooperation
(K § 24c (2) of the Act)
(1) The application for service of a document must contain the name or name of the competitor, his known address and any other relevant information necessary to identify the competitor.
(2) The information necessary to ensure service of the document must include:
(a) a summary of the relevant facts and circumstances for service;
(b) the brief content of the document to be served;
(c) the name, address and other contact details of the competition authority to which the application is addressed; and
(d) the period within which the document must be served.
(3) The application for recovery of the penalty payment shall be accompanied by the particulars referred to in paragraph 1 and paragraph 2 (b). (c) contain the following information:
(a) basic information on the decision permitting its enforcement in the requesting Member State;
(b) the date on which the decision became enforceable;
(c) amount of arrears in fines;
(d) the account number and designation of the money institution to which the outstanding penalty is to be applied;
(e) information evidencing the reasonable efforts made by the authority of the requesting Member State for the purpose of enforcement in that Member State;
(f) the brief content of the decision on the basis of which it is to be enforced;
(g) the period within which the penalty payment may be collected and enforced; and
(h) a summary of the relevant facts and circumstances for the recovery of the arrears.
(4) The information referred to in paragraph 3 (e) shall be provided only if the authority of the requesting Member State has made reasonable efforts to enforce the decision in that Member State and has found that a competitor in the territory of that Member State does not have sufficient property to pay a penalty payment.
Efficacy
This decree shall take effect on the 15th day following its publication.
Chairman:
doc. JUDr. PhDr.
1) Directive (EU) 2019 / 1 of the European Parliament and of the Council of 11 December 2018 on strengthening the position of competition authorities in the Member States so that they can promote rules more effectively and ensure the proper functioning of the internal market.
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Regulation Information
| Citation | Decree No 227 / 2023 Coll., on the details of the leniency request and the application for international cooperation |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 14.07.2023 |
|---|---|
| Effective from | 29.07.2023 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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