Ms Claudia Bock

Claudia Bock

Updates

Competition & Antitrust

Competition Authority publishes information paper on dawn raids
Czech Republic | December 14 2017

The Czech Competition Authority (CCA) recently published an information paper on dawn raids during its annual competition law conference. The paper aims to provide guidance explaining the powers and privileges of CCA officials in the course of a dawn raid and a brief overview of the case law relating to dawn raids, focusing on judicial review of the legality of dawn raids carried out after the European Court of Human Rights' judgment in Delta Pekárny.

New law implementing EU Damages Directive
Czech Republic | September 14 2017

With the introduction of the Damages Act, the Czech Republic has finally implemented the EU Damages Directive, which establishes common EU rights for cartel victims seeking damages. The Damages Act introduces many novelties into national law, which aim to improve the procedural status of citizens and businesses that claim compensation before the national courts for damages caused by an infringement of EU or national antitrust rules.

Anti-competitive agreements in telecoms sector
Czech Republic | February 02 2017

The Office for the Protection of Competition recently fined Czech mobile operators Vodafone Czech Republic as and O2 Czech Republic as a total of Kr99 million after it deemed an agreement on an exclusive, direct interconnection between the two operators included in a 2001 interconnection agreement to be anti-competitive. Another case in the telecoms sector which was originally initiated by the office is now under the jurisdiction of the European Commission.

New information letter on amendment to Significant Market Power Act
Czech Republic | October 20 2016

While the 2016 amendment to the Significant Market Power Act sought to remove and clarify ambiguous provisions within the act and generally provide greater protection to suppliers, several provisions remained vague and were thus open to interpretation. As such, the Office for the Protection of Competition recently issued an information letter to clarify and explain the changes introduced by the amendment.

Future of private competition law enforcement
Czech Republic | March 03 2016

The Prague Municipal Court recently dismissed the private damages action brought by private railway passenger carrier LEO Express against publicly owned national incumbent Czech Railways due to a lack of evidence. Although the judgment is not publicly available, the available information already raises the question of whether it might shed a negative light on the future of private enforcement of competition law in the Czech Republic.

Competition Authority imposes €74 million fine for bid rigging
Czech Republic | December 10 2015

The Competition Authority recently announced in a press release that it had fined companies from the construction sector approximately €74 million for bid rigging. Despite the fact that only limited information is available, the fine seems exceptionally high compared to those imposed by the Competition Authority in the past.

Supreme Court declares Competition Authority dawn raid unlawful
Slovakia | October 01 2015

The Supreme Court recently held that a dawn raid carried out by the Competition Authority was unlawful. The court held that the authorisation to carry out the raid lacked justification and proportionality and that the scope of the raid was excessive, causing the whole raid to be unlawful. As a result the court ordered the Competition Authority – for the first time – to destroy all data obtained during the raid.

Škoda Auto fined Kr49 million for resale price maintenance
Czech Republic | July 09 2015

The Competition Authority recently issued a controversial decision in which it fined Škoda Auto Kr49 million for engaging in anti-competitive practices in the form of resale price maintenance. The decision deviated from the authority's established decision-making practice – in particular, its procedure for setting fines. It is unclear whether this is a one-off aberration or a complete departure from the authority's regular practice.

Similarity of bids insufficient evidence for bid rigging
Czech Republic | August 21 2014

A similarity or even an overlap of parts of bids does not constitute sufficient evidence to establish a breach of national competition law. This follows from a recent Competition Authority decision in an alleged bid-rigging case. By this decision, the authority challenged its own approach concerning the prosecution of bid rigging. Further, the decision has provided a universal excuse for bid rigging among competitors.

Damages claims for infringing competition rules: higher chance of success?
Czech Republic | January 30 2014

Under existing EU legislation, if there is a causal relationship between harm suffered and an infringement of competition rules, any individual is entitled to claim compensation for such harm. However, potential claimants have remained rather sceptical of bringing antitrust damages actions so far. This may change with the adoption of a proposed EU directive on actions for damages for infringements of competition law.