Decree No 407 / 2005 Coll.
Order amending Decree No. 368 / 2001 Coll., laying down details of the details of the application for the authorisation of the concentration of competitors
Valid
Effective from 12.10.2005
Text versions:
12.10.2005
407
DECLARATION
of 27 September 2005
amending Regulation No 368 / 2001 of the Office for the Protection of Competition Coll., laying down details of the elements of the proposal for the authorisation of the concentration of competitors
Pursuant to Section 26 of Act No. 143 / 2001 Coll., on the Protection of Competition, as amended:
Decree No. 368 / 2001 Coll., laying down details of the details of the application for the authorisation of the concentration of competitors, is amended as follows:
1. in Article 1 (2) (a), the words "parties" shall be replaced by "applicants."
2. In Article 1 (2) (c), the words "establishing or certifying the formation of a concentration, if otherwise" are replaced by the words "on the basis of which the concentration took place or is to take place, or by the instruments certifying the formation of a concentration."
3. In Paragraph 1 (2), the dot is deleted at the end of point (f) and the words "and from which it is clear what net turnover (Paragraph 14 of the Act) they have achieved during the accounting year:
1. merging competitors,
2. persons who will check on the merging competitors after the connection has taken place and persons who are controlled by the merging competitors;
3. persons controlled by the person who will check on the merging competitor after the connection has been made;
4. persons controlled jointly by two or more of the persons referred to in points 1 to 3. ';
4. In Article 2 (1), the words "party 'are replaced by the words" applicant'.
5. In Paragraph 2 (2), the words "party 'are replaced by the words" applicant'.
6. In Part 1, point 1.1 of the Annex, the words "parties' are replaced by the words" applicants'.
7. In Part 1, point 1.1.1. of the Annex, the words "parties' are replaced by the words" applicants'.
8. In Part 1, point 1.1.2. of the Annex, the words "parties' are replaced by the words" applicants'.
9. In point 1.1.3. of Part 1 of the Annex, the words "parties' are replaced by the words" applicants'.
10. In point 1.1.4. of Part 1 of the Annex, the words "parties' are replaced by the words" applicants'.
11. In Part 1, point 1.1.5. of the Annex, the words "parties' are replaced by the words" applicants'.
12. At the end of Part 1 of the Annex, the dot is replaced by a comma and the following point 1.1.6 is added:
"1.1.6. the address to which the documents are to be served on each applicant in the event that they do not have an authorised representative. ';
13. In Part 1, point 1.2 of the Annex, the words "parties' are replaced by the words" the appellant '.
14. At the end of Part 1 of the Annex, the dot is replaced by a comma and the following point 1.2.4 is added:
"1.2.4. the address to which documents are to be delivered to the representatives. ';
15. in Part 1, the following points are inserted after point 1.2.4. of the Annex, including heading and explanatory note 1:
'1.3. OTHER COMPETITITION1)
Indicate:
1.3.1. business firm of all other connecting competitors (or name, name and surname),
1.3.2. the seat of all other connecting competitors (or permanent residence, address of the place of stay and place of business, if not the competitors having their registered office),
1.3.3. the subject matter of the business of all other merging competitors (or the activities for which they were set up, if not entrepreneurs),
1.3.4. Identification number of all other connecting competitors,
1.3.5. details of the contact person, which may be the statutory authority or its member or other representative of other connecting competitors (name, address for delivery, telephone number, fax number, e-mail, function of the relevant contact person).
(1) For the purposes of this questionnaire, the other merging competitors are, in particular, the undertaking or part thereof to be acquired as a result of the merger by the applicant (§ 12 (2)), the competitor over which the concentration is to be controlled by the applicant (s) (§ 12 (3)), and the competitor performing all functions of a separate economic unit over which joint control is to be carried out as a result of the concentration (§ 12 (5). "
16. in Part 2, point 2.1.1 (a) of the Annex, "conversion" is replaced by "merger."
17. in point 2.1.1 (b) of Part 2 of the Annex, the words "or parts thereof" shall be inserted after the words "the acquisition of an undertaking," after the word "the contract," the words "by auction or otherwise" and the words "the sale of an undertaking or a substantial part thereof" shall be deleted;
18. In point 2.1.1 (d) of Part 2 of the Annex, the words "by setting up a new competitor jointly controlled by multiple competitors' are replaced by the words" by the creation of a common control over a competitor who has long-term performance of all functions of a separate economic unit 'and the word "4' is replaced by the words" 5 '.
19. In point 2.1.6 of Part 2 of the Annex, the words "in the last five years' shall be inserted after the words" any connecting competitor '.
20. In point 2.2.2. (c) of Part 2 of the Annex, the words "the same 'and the words" which controls at least one of the merging competitors' are deleted and after the word "person 'are inserted the words" which will control the merging competitor after the connection has been made'.
21. In point 2.3.1 (b) of Part 2 of the Annex, the words "the merging competitors shall be checked" shall be replaced by the words "the merging competitors shall be checked after the connection has taken place."
22. In point 2.3.1 (d) of Part 2 of the Annex, the words "the same 'and the words" which controls at least one of the merging competitors' are deleted and after the word "person 'are inserted the words" which will control the merging competitors after the connection has been made'.
23. In point 2.3.2 (b) of Part 2 of the Annex, the words "the merging competitors shall be checked" shall be replaced by the words "the merging competitors shall be checked after the connection has taken place."
24. In point 2.3.2 (d) of Part 2 of the Annex, the words "the same 'and the words" which controls at least one of the merging competitors' are deleted and after the word "person 'are inserted the words" which will control the merging competitors after the connection has been made'.
25. In Part 6, point 6 (b) of the Annex, the words "parties' are replaced by the words" applicants'.
26. In point 7.4 of Part 7 and point 8.2 (b) of Part 8 of the Annex, the words "parties' are replaced by the words" applicants'.
27. In Part 8, point 8.3 of the Annex, including explanatory notes 2, 3 and 4, the following text is added:
"Where:
(a) either of the parties to the link2) holds a market share of more than 25% in the relevant market referred to in point 8.1 and another of the parties to the concentration is a potential competitive market in the same relevant market (3);
(b) either party to the concentration holds a market share of more than 25% in the relevant market referred to in point 8.1 and another party to the concentration has significant intellectual property rights in relation to that relevant market; or
(c) any party to the concentration operates in a relevant relevant market which is closely linked to the relevant market in which another party to the concentration operates, while at the same time being a separate or common market share of the parties to the concentration in one of these relevant markets above 25%;
provide all information in accordance with Part 6 and Part 7 of the questionnaire in relation to such relevant markets.
(2) For the purposes of this questionnaire, the party to the concentration shall be those listed in Part 3 of the Annex.
(3) A potential competitor is a competitor for the purposes of this questionnaire which intends to enter or to do so in the last two years.
(4) The relevant relevant relevant markets for the purposes of this questionnaire are closely related where the goods placed on them are complementary to each other or are generally purchased by the same group of consumers for the same end-use purpose. "
28. In point 8.5 of Part 8 of the Annex, the heading "Supplementary restrictions' is replaced by the heading" Commitments in favour of maintaining effective competition '; the word "You intend' is replaced by" Proposals intend 'and the word "Restrictions' is replaced by the word" Commitments'.
29. in Part 8, the following points 8.6. and 8.7 are inserted after point 8.5 of the Annex:
"Additional restrictions
8.6. Where the merging competitors intend to submit to the restrictions directly applicable and necessary for the implementation of the concentration (e.g. the competitive clause), indicate them and explain their impact on the final form of the concentration in question.
Jurisdiction of another authority
8.7.
(a) whether the proposed concentration meets the criteria set out in Article 1 of Council Regulation (EC) No 139 / 2004 of 20 January 2004 on the control of concentrations between undertakings;
(b) all other States whose competent authorities are also responsible for assessing the concentration of competitors in question. "
30. In point 9 of Part 9 of the Annex, the words "party 'are replaced by" appellant' and in the last sentence of point 9 of the Annex, the words "parties' are replaced by the words" appellant '.
This decree shall take effect on the day of its publication.
Chairman:
Ing. Pecina, MBA v. r.
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Regulation Information
| Citation | Decree No 407 / 2005 Coll., amending Decree No. 368 / 2001 Coll., laying down details of the terms of the proposal for the authorisation of the concentration of competitors |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 12.10.2005 |
|---|---|
| Effective from | 12.10.2005 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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