Act No. 340 / 2004 Coll.
Act amending Act No. 143 / 2001 Coll., on the Protection of Competition and on the Amendment of Certain Laws (Law on the Protection of Competition) and certain other Laws
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Effective from 02.06.2004
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02.06.2004
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340
THE LAW
of 4 May 2004
amending Act No. 143 / 2001 Coll., on the Protection of Competition and on the amendment of certain laws (Law on the Protection of Competition), and certain other laws
Parliament has decided on this law of the Czech Republic:
Amendment to the Competition Act
Act No. 143 / 2001 Coll., on the Protection of Competition, is amended as follows:
1. In Article 1 (1), the words "under the conditions laid down in this Act, its provisions' shall be deleted.
2. the following paragraph 2 is inserted after paragraph 1, including footnotes 1) and 1a):
"(2) This law also provides for the procedure for the application of Articles 81 and 82 of the Treaty establishing the European Community (hereinafter referred to as" the Treaty ') by the authorities of the Czech Republic and certain matters relating to their synergies with the Commission of the European Communities (hereinafter referred to as "the Commission') and the authorities of the other Member States of the European Communities in the procedure under Council Regulation (EC) on the implementation of the competition rules laid down in Articles 81 and 82 of the Treaty (hereinafter referred to as" the Regulation ').
1) Article 211 et seq. of 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 be renumbered paragraphs 3 to 6.
Footnote 1) shall be renumbered footnote 1 (b), including the footnote reference.
3. In Article 1, the following paragraph 4 is inserted after paragraph 3:
"(4) That law shall apply mutatis mutandis to procedures in the case of competitors whose conduct could affect trade between Member States of the European Communities under Articles 81 and 82 of the Treaty. '
Paragraphs 4 to 6 shall be renumbered paragraphs 5 to 7.
4. In Article 1 (7), the words "and in the case of public aid (3) ', including footnote 3, are deleted.
5. In Paragraph 3 (1), the words "by their decision or order 'are replaced by" by implementing legislation'.
6. In the first sentence of Article 3 (3), the words "and void 'shall be inserted after the words" prohibited'.
7. In Article 3, the following paragraph 4 is added:
"(4) The prohibition in paragraph 1 shall not apply to agreements which:
(a) contribute to the improvement of the production or distribution of goods or to the promotion of technical or economic development and provide consumers with a fair share of the benefits resulting therefrom;
(b) not impose on competitors restrictions which are not necessary to achieve the objectives referred to in (a);
(c) do not allow competitors to exclude competition in a substantial part of the market for goods the supply or purchase of which is the subject of an agreement. "
8. Article 4 shall be deleted;
9. in Article 6 (1) (a), "5%" is replaced by "10%."
10. in Article 6 (1) (b), "10%" is replaced by "15%," and the words "if the Office does not provide for a higher percentage by decree" shall be deleted;
11.
(1) If the Office finds, in proceedings relating to cases referred to in paragraphs 3 to 6, that a prohibited agreement has been concluded, it shall state that fact in the decision and, by this decision, prohibit the implementation of the agreement for the future.
(2) In the proceedings referred to in paragraph 1, the Office may require the parties to comply with the measures they have jointly proposed if they are sufficient to protect competition and if they are removed from the situation. If the Office does not find such measures sufficient, it shall inform the competitors in writing and continue the proceedings; otherwise impose such measures and suspend the proceedings.
(3) The measures referred to in paragraph 2 may be proposed in writing by the parties to the proceedings to the Office no later than 15 days after the date on which the Office served them with reservations to the Agreement; the subsequent submission or amendment of the proposed measures shall be taken into account by the Authority only in cases of particular consideration. The parties to proceedings shall be bound by their proposal against the Office and between each other and, where appropriate, against third parties, and shall not, from the submission of the application to the decision of the Office referred to in paragraph 2, comply with the Agreement as originally adopted.
(4) The Authority may not take a decision pursuant to paragraph 2 if the prohibited agreement has already been implemented and has or may have had the effect of significantly distorting competition.
(5) After the termination of the procedure referred to in paragraph 2, the Office may reopen the procedure referred to in paragraph 1 if:
(a) the conditions applicable to the decision referred to in paragraph 2 have changed substantially;
(b) competitors act in contravention of the measures imposed; or
(c) the decision has been issued on the basis of false or incomplete evidence, data and information. "
12. Sections 8 and 9 are deleted.
13. in Article 11 (1) (f), the words "and these" shall be replaced by the words "owned or used by a dominant competitor on another legal ground, if so."
14. in Article 11 (1), the words "at the end of the text of point (f) shall be added; the same shall apply mutatis mutandis to the refusal of access to other competitors for reasonable remuneration to the use of intellectual property or access to networks owned or used by a dominant competitor on a different legal basis, provided that such use is necessary for participation in competition in the same market as the dominant competitors or in another market."
15. in Article 11 (2) and (3):
"(2) Where the Office finds that a dominant position has been misused in the proceedings referred to in paragraph 1, it shall state that fact in the decision and shall prohibit such conduct for the future by this decision.
(3) In the proceedings referred to in paragraph 2, the Office may require the parties to comply with the measures which they have jointly proposed if they are sufficient to protect competition and if they are removed from the situation. If the Office does not find such measures sufficient, it shall inform the competitors in writing and continue the proceedings; otherwise impose such measures and suspend the proceedings. ';
16. In Article 11, paragraphs 4 to 6 are added:
"(4) The measures referred to in paragraph 3 may be proposed in writing by the parties to proceedings to the Office no later than 15 days from the date on which the Office served them with reservations concerning their conduct; the subsequent submission or amendment of the proposed measures shall be taken into account by the Authority only in cases of particular consideration. The parties to proceedings shall be bound by their proposal to the Office and to each other and, where appropriate, to third parties, and shall not, from the submission of the application to the Office's decision pursuant to paragraph 3, proceed in the manner which is the subject of the Office's reservations.
(5) The Authority may not take a decision pursuant to paragraph 3 if the abuse of a dominant position has resulted in significant distortions of competition.
(6) After the termination of the procedure referred to in paragraph 3, the Office may reopen the procedure and issue the decision referred to in paragraph 2 if:
(a) the conditions applicable to the decision referred to in paragraph 3 have changed substantially;
(b) competitors act in contravention of the measures imposed; or
(c) the decision has been issued on the basis of false or incomplete evidence, data and information. "
17. in Article 12 (2), the words "on the sale of an undertaking" shall be deleted;
18. in Paragraph 12 (4):
"(4) The combination referred to in paragraph 3 shall also include the creation of joint control over a competitor (hereinafter referred to as" jointly controlled undertaking "), which shall perform all functions of a separate economic unit in the long term. ';
19. Paragraph 12 (5) reads:
"(5) The creation of joint control over a jointly controlled undertaking, the purpose of which is to coordinate the competitive behaviour of the persons controlling it, who remain independent competitors on the market, shall be treated as an agreement between the competitors in accordance with Title II. '
20.
Communication from competitors subject to the Authority's authorisation
The concentration of competitors shall be subject to the authorisation of the Office if:
(a) the total net turnover of all merging competitors achieved in the last financial year in the Czech Republic market is greater than CZK 1.5 billion and at least two of the merging competitors each achieved in the last financial year in the Czech Republic market a net turnover of more than CZK 250 million, or
b) Net turnover achieved during the last financial year on the Czech market
1. in the case of a merger pursuant to Article 12 (1), at least one of the participants in the conversion,
2. in the case of a concentration pursuant to Article 12 (2), the acquiree or a substantial part thereof,
3. in the case of a concentration pursuant to Article 12 (3), by a competitor whose undertaking is under control; or
4. in the case of a concentration pursuant to Article 12 (4), at least one of the competitors forming a jointly controlled undertaking;
is higher than CZK 1 500 000 000 and the net worldwide turnover achieved by the next connecting competitor over the last financial year is higher than CZK 1 500 000 000. "
21. in Paragraph 14 (2) (b), the words "the merging competitors are checked" shall be replaced by the words "the merging competitors will be checked after the concentration has been carried out."
22. in Article 14 (2) (c):
"(c) persons controlled by a person who will check on the merging competitor after the connection has taken place; and"
23. Paragraph 14 (3) reads:
"(3) The share of turnover achieved by the sale of goods between the merging competitors and the persons referred to in paragraph 2 (b), (c) and (d) shall not be included in the common net turnover of the merging competitors. ';
24. In Article 15 (2), the words "on the sale of an undertaking 'are deleted and the words" to establish a jointly controlled undertaking' are replaced by the words "to gain control of a jointly controlled undertaking '.
25. in Article 15 (3) and (4):
"(3) Application for authorisation of a concentration
(a) may also be submitted before the conclusion of a contract establishing a concentration or before obtaining control of another competitor by other means;
(b) it must contain the justifications, documents certifying the facts applicable to the concentration and the formalities laid down in the implementing legislation (Section 26 (3)).
(4) The procedure for authorisation of a concentration shall be initiated on the date on which the application for authorisation of a concentration containing all the elements referred to in paragraph 3 was received to the Office. Where the draft does not contain such elements, the Office may, on the basis of an assessment of the supporting documents received, issue only a written opinion as to whether the concentration is subject to authorisation under this law and the proposal needs to be supplemented. ';
(26) footnote 13 shall be deleted;
27. in Article 15, paragraph 5 is deleted;
28. in Paragraph 16 (1):
"(1) The Office shall immediately notify the initiation of the procedure for the authorisation of a concentration in the Trade Journal and shall set a time limit for the submission of objections to that concentration.";
29. in Paragraph 16 (3), the words "to be considered" shall be replaced by the words "to be applied";
30. In the first sentence of Article 16 (4), the word "in writing 'shall be inserted after the word" the Office', the word "there 'shall be replaced by the words" there shall be' and in the second sentence the words "to be deemed 'shall be replaced by the word" applicable'.
(31) In Article 16 (5), the first sentence is replaced by the following: "The Office may invite the party concerned in writing to provide further information necessary for the decision to authorise the concentration or to provide further evidence on such facts. The period from the date of service of such an invitation to the party to the proceedings to the date on which that obligation is fulfilled shall not be counted against the time limits laid down in paragraphs 2 and 4. ';
32. in Article 17 (2), the word "decision" shall be inserted after the word "concentration."
33.Paragraph 17 (3) reads as follows:
"(3) The Office may make the clearance of the concentration conditional on the fulfilment of commitments which the merging competitors have proposed to the Office in order to maintain effective competition before or during the procedure for the authorisation of the concentration, but not later than 15 days from the date on which the last of the parties to the proceedings received the notification pursuant to Article 16 (2) that the proceedings have been continued. The Office shall take account of subsequent proposals for commitments or amendments to their content only in cases of special consideration where they are received by the Office within 15 days of the end of the period referred to in the first sentence of this provision. If the merging competitors propose such commitments during the first 30 days of the procedure, the period referred to in Article 16 (2) shall be extended by 15 days. If the merging competitors propose such commitments after having been informed by the Authority, pursuant to Article 16 (2), that the procedure is continued, the time limit for the decision under Article 16 (4) shall be extended by 15 days. ';
34. In Paragraph 18, at the end of paragraph 1, the sentence "The competitor shall also not take measures which would lead to the irrevocability of the concentration and to a permanent change in the structure of the market. '
35. in Paragraph 18 (2), the words "without this" shall be deleted.
36. in Paragraph 18 (4), the third sentence is deleted;
37. in Paragraph 18 (4), the words "to be considered" shall be replaced by the words "to be applied";
38. In Article 19 (1), the words "acting in contravention of the conditions, restrictions or obligations to which the Authority has made the authorisation subject 'are replaced by the words" failing to comply with the conditions, restrictions or obligations to which the Authority has made the authorisation subject'.
39. in Article 20 (1) (b):
"(b) publish proposals for the authorisation of the concentration of competitors and its final decisions."
40. In Article 20, the words "paragraphs 5 to 9 'shall be added at the end of the text of paragraph 2.
41. the following Section 20a is inserted after Section 20:
(1) The Authority has the power to apply Articles 81 and 82 of the Treaty in individual cases where the conduct of competitors could affect trade between Member States within the meaning of Article 81 or Article 82 of the Treaty. To that end, it shall be entitled to:
(a) require the cessation of the infringement;
(b) order precautionary measures;
(c) making commitments;
(d) impose fines.
(2) The Authority may refuse an advantage under an exemption regulation within the meaning of Article 81 (3) of the Treaty where agreements have, in a particular case, effects incompatible with Article 81 (3) of the Treaty in the territory of the Czech Republic or to a part thereof which has all the characteristics of a separate geographic market.
(3) The Office is hereby authorised to:
(a) request the Commission to provide copies of the documents necessary for the assessment of the case;
(b) consult the Commission on any case in which Community law is applied;
(c) to provide each other with the Commission and other competition authorities of the Member States and to use as evidence any factual or legal fact, including confidential information;
(d) request the Commission to include the case in the agenda of the Advisory Committee on Restrictive Practices;
(e) submit observations to the courts on 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) conduct investigations at the request of the competition authority of another Member State.
(4) The Office shall:
(a) provide the Commission with all necessary information to enable it to carry out the acts entrusted to it by the Regulation;
(b) provide the Commission with the necessary assistance in the event of a competitor not allowing or making the investigation difficult;
(c) inform the Commission and the competition authorities of the other Member States in writing of the initiation of proceedings under Article 81 or 82 of the Treaty;
(d) at least 30 days before the decision is taken, send the Commission a summary of the case, the envisaged decision and other documents necessary for the assessment of the case; such information may also be made available to the competition authorities of the other Member States,
(e) appoint a representative to the Advisory Committee on Restrictive Practices;
(f) carry out at the request of the Commission the investigations deemed necessary. "
42.In Paragraph 21 (1), the second sentence is deleted.
43.In Article 21, the following paragraph 4 is inserted after paragraph 3, including footnote 14a:
"(4) The parties and the appellant, if not a party to the proceedings, shall be required to indicate the evidence to prove the alleged facts in accordance with the immediately binding legislation of the European Communities. 14a)
14a) Article 2 of 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 4 to 8 shall be renumbered paragraphs 5 to 9.
44. In Article 21 (5), the words "the place of verification 'are replaced by the words" they are used by competitors in their business activities (hereinafter referred to as "commercial premises') 'and the following sentence is added at the end of the paragraph:" If there is reason to suspect that trade books or other commercial records are located in other than commercial premises, including those of natural persons who are statutory bodies or their members or employees (hereinafter referred to as "other than commercial premises'), an investigation may take place with the prior consent of the Court (15).
15) § 200h of Act No. 99 / 1963 Coll., Civil Code, as amended. '
45. In Paragraph 21, the following paragraph 6 is inserted after paragraph 5:
"(6) In order to investigate in commercial or non-commercial premises, the Office shall be entitled to arrange for access to such premises or, where appropriate, to open closed cabinets or containers. Any person in whose premises commercial or non-commercial premises are located shall be required to submit to such premises an inquiry; If they do not fulfil this obligation, the staff of the Office shall be entitled to arrange for access to commercial or non-commercial premises. ';
Paragraphs 6 to 9 shall be renumbered paragraphs 7 to 10.
46. Paragraph 21 (10) is deleted.
47. the following Sections 21a and 21b are inserted after Section 21:
Community element management
(1) If the Office initiates proceedings for infringement of Article 81 or Article 82 of the Treaty, it shall proceed with the investigation in accordance with Articles 21 (5) to (9) and in accordance with Articles 7 and 11 (2) to (6).
(2) Where the Office carries out investigations pursuant to Article 20 (5), Article 21 (4) or Article 22 (1) or (2) of the Regulation, it shall proceed in accordance with Article 21 (5) to (9).
(3) Where the Office has initiated proceedings for infringement of Article 81 or 82 of the Treaty and, in the same case, the Commission shall initiate proceedings for the adoption of a decision under Title III. Regulation, the Bureau will stop the proceedings.
(4) Where the Office has initiated proceedings for infringement of Article 81 or 82 of the Treaty and has already dealt with the same matter or has begun to deal with the competition authority of another Member State, the Office shall suspend or terminate the proceedings pending a decision by such a competition office.
(5) When imposing fines in the investigations or proceedings referred to in paragraphs 1 and 2, the Office shall proceed in accordance with Section 22.
Commission investigations
Where the Commission decides to carry out an investigation pursuant to Article 21 of the Regulation, the Commission or the Office shall bring an application before the court for the initiation of proceedings in matters of competition protection. 15). "
48. In Article 22 (1), "Article 21 (4) 'is replaced by" Article 21 (5)'.
49. in Paragraph 22 (2), the words "Paragraph 4 (1)," shall be deleted and the words "or have not fulfilled the obligations laid down in Paragraph 15 (2)" shall be replaced by the words "or fail to comply with the obligations recognised under § 7 (2) or 11 (3)";
50. in Paragraph 22 (6), the first sentence, including footnote 17, reads: "When collecting and enforcing fines, the Office shall act in accordance with a specific law. 17)
17) Act No. 337 / 1992 Coll., on the Administration of Taxes and Fees, as amended. '
51. Title IX, including the title, shall be deleted;
52. The following Section 25a is inserted before Section 26, which includes the title and footnote 18:
Use of the Administrative Order
Unless otherwise provided by this law, proceedings shall be brought before the Office in accordance with the administrative rules. 18)
18) Act No. 71 / 1967 Coll., on Administrative Procedure (Administrative Regulations), as amended. '
53. The heading of Title X shall read: "COMMON, COMPETITION, TRANSITIONAL AND REPEAL PROVISIONS."
54. Paragraph 26 (1) is deleted.
Paragraphs 2 to 4 shall be renumbered paragraphs 1 to 3.
55. in Article 26 (1), the words "may" and "and Article 4 (1)" shall be deleted and the words "to allow" shall be replaced by the words "by implementing legislation."
56. Paragraph 26 (2) reads:
"(2) The Authority shall, by decision against an individual competitor, withdraw the benefits of a general exemption if, as a result of market developments, an agreement subject to a general exemption would not fulfil the conditions laid down in Article 3 (4). '
57. Paragraph 26 (3) reads:
"(3) Details of the details of the proposal for authorisation of the concentration shall be laid down by the Authority by implementing legislation."
Authorisation provisions
The Prime Minister is hereby authorised to declare in the Collection of Laws the full text of Act No. 143 / 2001 Coll., on the Protection of Competition and on the amendment of certain Laws (Law on the Protection of Competition), as is apparent from later Laws.
Transitional provisions
(1) Proceedings initiated before the date of entry into force of this Act shall be completed in accordance with the existing rules.
(2) In the procedures under Title IV of Act No. 143 / 2001 Coll. initiated before the entry into force of this Act, the Competition Authority will assess whether the concentration is subject to authorisation under this Act. If the concentration is not subject to authorisation, the Competition Authority shall decide that the concentration is not subject to authorisation.
(3) The data contained in the cartel register on the date of the effective date of this Act can be viewed and copied and ejected for 10 years from the effective date of this Act.
(4) Exemptions from the prohibition of anti-competitive agreements decided on by the Competition Authority before the entry into force of this Act shall remain in force for as long as they have been authorised by the Decision.
(5) The Office for the Protection of Competition may, on a proposal from at least one of the parties to the concentration authorisation proceedings, amend the decision on the authorisation of a concentration which has acquired legal power before the application of this law by changing the conditions, restrictions or obligations which it has made conditional on the authorisation or by replacing it with others, provided that, as a result of the accession of the Czech Republic to the European Union, the facts which were relevant for the determination of those conditions, restrictions or obligations have changed substantially. Such a proposal may be submitted within a period of six months from the date of application of this Act. The parties to the proceedings are those who were parties to the concentration authorisation proceedings.
Amendment of the Administrative Charges Act
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Regulation Information
| Citation | Act No. 340 / 2004 Coll., amending Act No. 143 / 2001 Coll., on the Protection of Competition and on the amendment of certain laws (Law on the Protection of Competition), and certain other laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 02.06.2004 |
|---|---|
| Effective from | 02.06.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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