Act No. 361 / 2005 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), as amended, and certain other laws
Valid
Law
Effective from 01.10.2005
Zobrazeno prvních 200 z celkem 278 ustanovení tohoto předpisu.
Zobrazit celý předpis →
Pro stažení celého znění použijte tlačítko Stáhnout výše.
361
THE LAW
of 19 August 2005
amending Act No. 143 / 2001 Coll., on the Protection of Competition and on the amendment of certain laws (Law on the Protection of Competition), as amended, 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 and on the amendment of certain laws (Act on the Protection of Competition), as amended by Act No. 340 / 2004 Coll., Act No. 484 / 2004 Coll. and Act No. 127 / 2005 Coll., is amended as follows:
1. In Section 1, the words "Subject matter of the law 'are replaced by the words" Introductory provisions'.
2. In Article 1, the words "and Council Regulation (EC) on the control of concentrations between undertakings (1b) (" the Merger Regulation ') shall be added at the end of paragraph 2.
footnote 1b:
"(1b) Council Regulation (EC) No 139 / 2004 on the control of concentrations between undertakings."
footnote 1 (b) shall be renumbered as footnote 1 (c), including the footnote reference.
3. The following Section 4 is inserted after Section 3:
Block exemptions
(1) The prohibition laid down in Article 3 (1) does not apply to agreements which cannot affect trade between Member States of the European Communities under Article 81 of the Treaty but fulfil the other conditions laid down by block exemptions adopted pursuant to Article 83 (1) of the Treaty for the implementation of Article 81 (3) of the Treaty by the relevant Commission or Council Regulations ("Community block exemptions").
(2) The Authority may also allow block exemptions for other types of agreements where it is demonstrated that the distortion of competition to which the block exemption would result is outweighed by advantages for other market participants, in particular consumers.
(3) By decision of an individual competitor, the Authority shall withdraw the benefit of the exemption provided for in paragraph 1 or 2 if, as a result of market developments, an agreement subject to such an exemption would not fulfil the conditions laid down in Paragraph 3 (4). "
4. In Article 6 (1) (b), "the joint share of the parties to the Agreement 'is replaced by" the share of any of the parties to the Agreement'.
5. in Article 6 (2) (a), the second word "or" shall be replaced by "the restriction or control of production or sales or" and the words "or sources of purchase" shall be replaced by the words "sources of purchase or customers."
6. In Article 6 (2) (c) (2), the words "where the joint share of participants in a horizontal agreement or of one of the participants in a vertical agreement exceeds 5% on the relevant market 'are inserted after the words" interchangeable goods'.
7. in Article 11 (1), point (g) is deleted;
8. In Paragraph 12 (1), the word "transformation 'is replaced by" merger' and footnote 6 is deleted.
9. In Article 12 (2), the word "substantial 'is deleted, after the word" contract', the words "on the basis of an auction or otherwise 'are added and at the end of the paragraph, the sentence" Part of an undertaking is also understood for the purposes of this law to be the part of the competitor undertaking which can be clearly attributed to the turnover achieved by the sale of the goods on the relevant market, even if it does not form a separate organisational component of the undertaking'.
10. in Article 12 (3), "one undertaking" is replaced by "one competitor" and "another undertaking" is replaced by "another competitor."
11. in Article 12 (3) (b), the words "to determine or influence the competitive behaviour of a controlled competitor" shall be replaced by the words "to control another competitor."
12. In Paragraph 12, the following paragraph 4 is inserted after paragraph 3:
"(4) For the purposes of this Act, a check shall mean the possibility of exercising a decisive influence on the activities of another competitor on the basis of legal or factual facts, in particular on the basis of:
(a) the right of ownership or use of the undertaking of the controlled competitor or part thereof; or
(b) rights or other legal elements which give decisive influence to the composition, vote and decision-making of the authorities of the controlled competitor. "
Paragraphs 4 to 7 shall be renumbered paragraphs 5 to 8.
13. in Article 12 (7), the words "under paragraph 2" shall be deleted and in the sentence of the second sentence, the words "competitors whose business involves trading in securities" shall be replaced by the words "competitors who are providers of investment services."
14. In Paragraph 12 (7), the last sentence is replaced by the following: "On the proposal of a bank or a competitor who is an investment service provider, the Office may extend the period of 1 year if the applicant proves that the purpose for which he has acquired participation in another competitor could not be achieved for objective reasons during that period."
15. in Paragraph 12 (8), the words "under paragraph 2" shall be deleted;
16. in Paragraph 13 (b) (1), the word "conversion" shall be replaced by "merger."
17. in Article 13 (b) (3), the words "whose undertaking" are replaced by the words "to which" and in point 4, the words "Article 12 (4)" are replaced by the words "Article 12 (5)."
18. in Article 15 (2), "Article 12 (1), (2) and (4)" shall be replaced by "Article 12 (1), (2) and (5)," "conversion" shall be replaced by "merger," "material" shall be deleted and "other undertaking" shall be replaced by "other competitor."
19. The heading of Section 16 reads: "Procedure progress."
20. In the first sentence of Article 16 (2), the words "and where it does not create or strengthen a dominant position between competitors or any of them, which would result in significant distortions of competition 'shall be replaced by the words" but will not result in significant distortions of competition' and the words "serious competition concerns' shall be inserted after the words" in particular because it creates or strengthens the dominant position of the competitors or one of them '.
21. In Article 16, the following paragraph 4 is inserted after paragraph 3, including footnote 13:
"(4) The Authority may, under the conditions laid down in the Merger Regulation (13), request the Commission to carry out the procedure and to examine the concentration itself. Pending the Commission's decision whether to assess such a concentration itself, the Office shall suspend the procedure. If the Commission decides to consider such a concentration itself, the Office shall suspend the proceedings.
13) Article 22 (1) of Council Regulation (EC) No 139 / 2004. '
Paragraphs 4 to 6 shall be renumbered paragraphs 5 to 7.
22. In the first sentence of Article 16 (5), the words', in the case of a merger to take over the offer of participating securities, within 2 months of the opening of the procedure 'shall be deleted; in the second sentence, the words' those time limits' shall be replaced by 'that time limit' and the words' those time limits' shall be replaced by 'that time limit'.
23. in Article 16 (6), "4" is replaced by "5."
24. In Article 17, the following paragraph 2 is inserted after paragraph 1:
"(2) The decision to authorise a concentration shall also apply to such restrictions on competition as the competitors indicated in the application for authorisation of a concentration and which are directly related to the concentration and are necessary for its implementation. '
Paragraphs 2 and 3 shall become paragraphs 3 and 4.
25. Paragraph 17 (3) reads:
"(3) The Authority will not authorise the concentration if it would result in a significant distortion 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 combined share of the merging competitors in the relevant market does not exceed 25%, their concentration shall be deemed not to result in significant distortions of competition if the assessment of the concentration does not prove otherwise. '
26. In the fourth sentence of Article 17 (4), the number "4 'is replaced by" 5' and at the end of paragraph 4, the words "If the parties do not propose such commitments or if the commitments proposed by them to maintain effective competition are not sufficient, the Office may, in order to maintain effective competition, provide for conditions and restrictions not proposed by the parties in the decision to authorise the concentration, if the competitors agree to take over them. Where the Authority makes the authorisation of a concentration conditional on the fulfilment of commitments proposed by competitors, it may, by decision, lay down the conditions and obligations necessary to ensure that those commitments are fulfilled. ';
27. in Paragraph 18 (1):
"(1) Before the submission of an application to initiate proceedings pursuant to Paragraph 15 (1) and before the legal power of the decision of the Authority authorising the concentration, the concentration must not be carried out by a competitor. '
28. in Paragraph 18 (2):
"(2) The prohibition referred to in paragraph 1 shall not apply to the execution of a concentration which is to take place on the basis of a public offer of take-over of participating securities or on the basis of a series of transactions in listed securities resulting in the control being obtained from different entities, provided that an application for the initiation of proceedings pursuant to Paragraph 15 (1) has been made without delay and that the voting rights attached to such securities are not exercised; This shall be without prejudice to the provisions of paragraphs 3 and 4. ';
29. In Paragraph 18, at the end of paragraph 4, the sentence "The Authority may lay down conditions and restrictions in the decision granting the derogation in order to maintain effective competition."
30. in Paragraph 18, the following paragraph 5 is added:
"(5) Where the Authority finds that the concentration has been carried out contrary to the final decision of the Authority, it shall decide on the measures necessary to restore effective competition on the relevant market. To that end, the Authority shall, in particular, require competitors to sell their shares, transfer the merged undertaking or part thereof, or to cancel the contract on the basis of which the concentration took place, where appropriate, to take other appropriate measures necessary to restore effective competition on the relevant market. The Authority may issue such a decision even if it finds that a concentration has been carried out without a request for initiation pursuant to Paragraph 15 (1). '
31. in Article 20a (2), the words "refuse an advantage under an exemption regulation within the meaning of Article 81 (3) of the Treaty" shall be replaced by the words "decide to withdraw an advantage from the Community block exemption";
32. In Article 20a, at the end of paragraph 3, the dot is replaced by a comma and the following points (g), (h) and (i) are added:
"(g) to submit its opinions on the procedures implemented by the Commission under the Merger Regulation,
(h) to take decisions in cases where Regulations of the European Communities, adopted in accordance with Articles 83 to 86 of the Treaty, entitle the Office to take decisions;
(i) take corrective measures the conditions and details of which have been determined by the Commission and when it has authorised the Member State to take the necessary corrective measures pursuant to Article 85 (2) of the Treaty. ";
33.In Article 20a (4) (a), the words "and Merger Regulation" shall be inserted after the words "Regulation."
34. in Article 20a (4) (b), the words "under the Regulation or under the Merger Regulation" shall be inserted after the words "the investigation."
35. in Article 20a (4) (d), the words "referred to in paragraph 1" shall be inserted after the words "Decision."
36. at the end of Paragraph 20a (4) (e), the words "to the Advisory Committee on the concentration and to the Advisory Committee on State Aid," shall be added.
37. in 20a, the following paragraph 5 is added:
"(5) The Office shall be empowered to:
(a) comment on the application for referral before its notification 14a),
(b) request the Commission to refer the matter to 14b);
(c) request the Commission to examine the case under the conditions laid down in the Merger Regulation 14c;
(d) decide on a case referred to the Commission14d).
14a) Article 4 (4) and (5) of Council Regulation (EC) No 139 / 2004.
14b) Article 9 (2) of Council Regulation (EC) No 139 / 2004.
14c) Article 22 (1) of Council Regulation (EC) No 139 / 2004.
14d) Article 9 (3) of Council Regulation (EC) No 139 / 2004 '.
footnote 14a shall be renumbered footnote 14e.
38. in Paragraph 21 (1):
"(1) The parties to the proceedings shall be the appellant and those whose rights and obligations are to be discussed and decided in the proceedings. ';
39. in Paragraph 21 (4):
"(4) The parties to the proceedings shall be required to indicate the evidence to prove their alleged facts in accordance with the immediately binding legislation of the European Communities (14e). Where a party proposes undertakings pursuant to Article 17 (4), it shall indicate the evidence to demonstrate that the fulfilment of those undertakings is sufficient to maintain effective competition; before the concentration is carried out, it must indicate the evidence necessary to demonstrate that these obligations, or the conditions and obligations imposed by the Office pursuant to Article 17 (4), have been fulfilled. The party must also indicate the evidence necessary to demonstrate compliance with the obligations imposed by the Office pursuant to Paragraph 18 (5). '
40. In Article 21 (5), the sentence after the third sentence is inserted: "In order to ensure the purpose of the investigation, the Office's staff may seal the premises, cabinets, containers and other commercial records for the period and to the extent necessary to carry out the investigation."
(41) In Paragraph 21 (7), "paragraph 4" is replaced by "paragraph 5."
42. In the first sentence of Paragraph 21 (9), the word "or 'shall be deleted.
43. In Article 21a (2), the words "or Article 22 (1) or (2) of the Regulation" shall be replaced by "Article 22 (1) or (2) of the Regulation or Article 12 (1) of the Merger Regulation."
44. in Article 21a (4), the words "the Office of Procedure shall suspend or terminate the proceedings until the decision of such a competition office" shall be replaced by the words "the Office may suspend or, until the decision of such a competition office."
45. in Paragraph 22 (1) (a), the words "or up to 1% of the net turnover achieved by the competitor during the last completed financial year" shall be inserted after the words "300 000 CZK."
46. in Paragraph 22 (1) (a), the words "or, if the seal placed in accordance with Article 21 (5) has been broken," shall be inserted after the words "under this law."
47. in Article 22 (2), the words "end-of-calendar year" shall be replaced by the words "end-of-financial year" and the words "commitments accepted" shall be replaced by the words "measures imposed" and the words "pursuant to Article 18 (5)" shall be inserted after the words "Article 11 (3)";
48. In Paragraph 22 (3), the words "failure to comply with the enforceable decision 'are replaced by the words" action contrary to the enforceable decision'.
49. Paragraph 25a is replaced by a comma at the end of the period, the reference to footnote 18 is deleted and the words, including footnotes 18, 18b, 18c, 18d, 18e, 18f and 18g are added, "except for the provisions on the settlement of discrepancies between the administrative authority conducting the proceedings and the administrative authorities which are the authorities concerned concerning the resolution of the matter covered by the decision-making procedure 18), the provisions on who may be the party to the procedure, the provisions on the composition of the panel and the possible termination of the procedure 18b), the provisions on the deadlines for the decision-making (18c), the provisions on the provisions on the special aspects of the procedure, the composition of the panel and the possible termination of the procedure. 18d), and the provisions on the provisions on the procedure. However, the provisions of the Administrative Rules concerning the parties to proceedings under the Special Law 18g) shall apply.
18) Paragraph 136 (6) of the Administrative Regulation.
Article 62 (1) and (2) of the Administrative Regulation.
(b) Paragraph 90 (3) of the Administrative Regulation.
18c) § 71 of the Administrative Code.
18d) § 152 (3) and (5) of the Administrative Rules.
18e) Paragraph 27 (1) and (2) of the Administrative Regulation.
(18) Paragraph 28 of the Administrative Code.
(18g) Paragraph 27 (3) of the Administrative Regulation. '
Article 50 (26) reads:
The Authority shall determine by decree the content and form of the proposal for authorisation of the concentration in accordance with Article 15 (3). '
Transitional provision
If, before the date of entry into force of this Act, an application for the initiation of proceedings pursuant to Article 15 of Act No. 143 / 2001 Coll., as effective by the date of entry into force of this Act, has been submitted to the Office before the date of entry into force of this Act, and this has already been notified to the Commission by that date, the Office of Procedure shall stop or not initiate proceedings on the matter.
Repeal
The following shall be deleted:
1. Decree No. 198 / 2001 Coll., authorising a general exemption from the prohibition of agreements distorting competition pursuant to Article 3 (1) of Act No. 143 / 2001 Coll., on the Protection of Competition, for certain types of vertical agreements.
2. Decree No. 199 / 2001 Coll., authorising a general exemption from the prohibition of agreements distorting competition pursuant to § 3 (1) of Act No. 143 / 2001 Coll., on the Protection of Competition, for certain types of research and development agreements.
3. Decree No. 200 / 2001 Coll., authorising a general exemption from the prohibition of agreements distorting competition pursuant to Articles 3 (1) and 4 (1) of Act No. 143 / 2001 Coll., on the Protection of Competition, for certain types of technology agreements.
4. Decree No. 201 / 2001 Coll., authorising a general exemption from the prohibition of agreements distorting competition pursuant to § 3 (1) of Act No. 143 / 2001 Coll., on the Protection of Competition, for certain types of specialisation agreements.
5. Decree No. 202 / 2001 Coll., authorising a general exemption from the prohibition of agreements distorting competition pursuant to Article 3 (1) of Act No. 143 / 2001 Coll., on the Protection of Competition, for certain types of insurance agreements.
6. Decree No. 203 / 2001 Coll., authorising a general exemption from the prohibition of agreements distorting competition pursuant to § 3 (1) of Act No. 143 / 2001 Coll., on the Protection of Competition, for certain types of agreements concerning consultations on prices for passenger air transport and the allocation of free airport time.
7. Decree No. 205 / 2001 Coll., authorising a general exemption from the prohibition of agreements distorting competition pursuant to § 3 (1) of Act No. 143 / 2001 Coll., on the Protection of Competition, for certain types of agreements in the field of railway, road and inland waterway transport.
8. Decree No. 31 / 2003 Coll., authorising a general exemption from the prohibition of agreements distorting competition pursuant to § 3 (1) of Act No. 143 / 2001 Coll., on the Protection of Competition, for certain types of vertical agreements on the distribution and servicing of motor vehicles.
9. Decree No. 245 / 2003 Coll., amending Decree No. 31 / 2003 Coll., authorising a general exemption from the prohibition of agreements distorting competition pursuant to Article 3 (1) of Act No. 143 / 2001 Coll., on the Protection of Competition for certain types of vertical agreements on the distribution and servicing of motor vehicles.
Entitlement to declare the full text of the law
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, as is apparent from the laws amending it.
Amendment to the Electronic Communications Act
Act No. 127 / 2005 Coll., on electronic communications and amending certain related laws (Act on electronic communications) is amended as follows:
1. in Paragraph 10 (1) (n), "effective" is replaced by "effective."
2. In Article 26 (5), the words "the general conditions for carrying out the test" shall be inserted after the words "in accordance with paragraph 3."
3. In the second sentence of Paragraph 27 (2), the words "are part of state financial assets' are deleted.
4. In Article 34 (2), the word "telephone 'shall be inserted after the word" public telephone' and the words "public telephone 'shall be inserted after the word" point'.
5. In Paragraph 34 (3), the word "telephone 'is inserted after the word" non-geographical' and the word "telephone 'is inserted after the word" mobile'.
6. In Paragraph 38, the following sentence is added at the end of paragraph 3: "Paragraphs 48 and 49 (1) and (11) shall apply mutatis mutandis to the calculation of the loss and its reimbursement. '
7. In Article 41 (1) and (4), "Paragraph 96 'is replaced by" Sections 95 and 96';
8. In Paragraph 41 (6), the sentence "Under the contract, further details of the participant may be published in the list shall be inserted after the first sentence."
9. In the first sentence of Paragraph 48 (3), the words "and 3 'are deleted.
10. In Paragraph 54 (2), "publicly available electronic communications services' is replaced by" publicly available telephone services'.
11. in Paragraph 73 (4), the words "telecommunications networks" are replaced by the words "communications networks."
12. in the third sentence of Article 83 (8), after the word "Council" and the fourth sentence after the word "Council", the words "for radio and television broadcasting" shall be inserted;
13. In Paragraph 94, the title of the section is inserted, which reads: "Recording calls'.
14. in the first sentence of Paragraph 99 (1), "(c) and (d)" shall be replaced by "(d) and (e)";
15. The last sentence of Paragraph 100 (5) reads: "In the event that the interference is caused solely by the lack of electromagnetic compatibility of the receiving device, the Office shall inform the operator of the affected receiving device of the possible conditions leading to the elimination of the interference."
16. In Paragraph 101 (2), at the end of the dot, the words "land works and landscaping are added."
17. in Paragraph 104, the following paragraph 16 is added:
"(16) The contractor who has initiated the transhipment of the above-ground or underground lines of the public electronic communications network shall bear the costs of making the necessary adjustments to the electronic communications network line section concerned at the level of the existing technical solution. The costs related to the modernisation or increase of the transmission capacity of the electronic communications network shall be borne by the owner of the electronic communications network. ';
18. In Article 107, paragraph 11 is added, including footnote 46a:
"(11) The members of the Council and its President shall be remunerated under special legislation46a).
46a) Act No. 236 / 1995 Coll., on the salary and other formalities relating to the performance of the duties of representatives of the State Government and of certain state bodies and judges and Members of the European Parliament, as amended. '
19. in Article 118 (1) (j), "§ 96 (1), (2), (4) or (5)" shall be replaced by "§ 95 (1) or (2) or § 96 (2) or (3)";
20. in Article 118 (1), point (i) is deleted;
Points (j) to (t) shall be renumbered as points (i) to (s).
21. in Paragraph 118 (6) (b), the words "threaten the provision of subservices by non-compliance" shall be replaced by the words "exceed the limits."
22. in Article 118 (11), "(a) to (m)" is replaced by "(a) to (l)";
23. in Article 118 (12), "(n)" is replaced by "(m)";
24. in Paragraph 118 (13), "(o) to (t)" is replaced by "(n) to (s)";
25. in Paragraph 121 (2), the reference to footnote 22 is replaced by the reference to footnote 21;
26. Paragraph 122 (1), including footnote 48a, reads:
"(1) Unless otherwise provided by this law, proceedings shall be brought before the Office in accordance with the administrative rules. The provisions of the Administrative Rules on the possible termination of the decomposition procedure 48a) shall not apply. For the purposes of the composition of the Decommissioning Board, members of the Board of the Office, with the exception of its President, shall not be considered as staff of the Central Administrative Office.
48a) § 152 (5) of the Administrative Regulation. '
27. in Paragraph 122 (8), the words "or decomposition" shall be inserted after the word "appeal."
28. in § 122 (9), "§ 114 (1) and (2)" is replaced by "§ 114 (2)";
29. In the first sentence of Paragraph 123 (1), the words "or decomposition 'shall be inserted after the word" appeal' and in the second sentence the word "appeal 'shall be replaced by" decomposition'.
30. In Paragraph 136 (10), the word "public 'is deleted.
31. In the last sentence of Article 136 (11), the words "or authorisation to use numbers' shall be inserted after the words" radio frequencies'. The following sentence is added after the last sentence: "The authorisation to operate radio broadcasting equipment for an amateur radio communication service issued under existing legislation shall be considered as an individual authorisation to use radio frequencies of Class A operators. '.
32. Paragraph 136 (15) reads as follows:
"(15) The validity of certificates of special competence for the use of radio broadcasting equipment, with the exception of licences for the use of radio broadcasting equipment for an amateur radio communication service, issued under existing legislation shall not be changed. The certificates of special competence for the operation of radio broadcasting equipment for an amateur radio communications service issued under existing legislation (hereinafter referred to as the" radio amateur licence ') shall expire on 30 April 2007. The Office shall, within that period, replace the radio amateur card at the request of the holder of such a HAREC licence.';
33. In Paragraph 136 (17), the word "concession 'is replaced by" tied'.
34. in Paragraph 136 (19), the words "in § 96" are replaced by the words "in § 95."
35. in Article 143 (1), the words "to the extent and under the conditions of existing legislation" shall be inserted after the words "the effectiveness of this law." The obligation to provide universal service lasts until '.
36. In Paragraph 149, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) Save as otherwise provided in this Act, the provisions of the Labour Code shall apply to members of the Council until the date of entry into force of the Staff Act. ';
37.
"40) Government Decree No. 18 / 2003 Coll., laying down technical requirements for products in terms of their electromagnetic compatibility."
Amendment of the Administrative Charges Act
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 361 / 2005 Coll., amending 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, and certain other laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.09.2005 |
|---|---|
| Effective from | 01.10.2005 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Taxes
Finance
Competition
Information, Data, Data
Commercial law
Fees
Social security law
Proceedings in social security matters
Budget
Judicial and Public Prosecutor's Office
Administrative law
Government
Telecommunications, Communications, Mail
Constitutional (state) law
Old age insurance, Old age pension
Diseases, Sickness benefits
Unemployment security
The regulation text is for informational purposes only.
Comments 0