Czech Republic updates

Competition & Antitrust

Contributed by Schoenherr
E-cigarette distributor fined for resale price maintenance
  • Czech Republic
  • 24 September 2020

In a first-instance decision, the Office for the Protection of Competition has fined RITCHY EU sro Kc6.7 million (€270,000) for resale price maintenance practices. According to the decision, RITCHY EU, a distributor of e-cigarettes and refills, violated the Act on the Protection of Competition between 6 September 2017 and 31 March 2019 by imposing on its customers minimum resale prices for the goods concerned.

City of Prague fined for unfair parking rules
  • Czech Republic
  • 20 August 2020

The Office for the Protection of Competition recently fined the City of Prague Kc980,000 (approximately €36,981) for creating anti-competitive parking conditions for hybrid vehicles. According to the office's press release, between 17 April 2018 and 30 April 2019 the City of Prague violated the Act on the Protection of Competition by favouring the parking of certain hybrid vehicles in paid parking zones in its territory without objectively justifiable reasons.

Constitutional Court upholds Act on Significant Market Power but declares 3% limit on marketing payments unconstitutional
  • Czech Republic
  • 14 May 2020

The Constitutional Court recently upheld the Act on Significant Market Power, despite demands for its repeal by a group of senators almost four years ago. However, the court stated that the provision limiting the amount of suppliers' payments to customers with significant market power to 3% of the suppliers' annual sales is unconstitutional. This decision is of fundamental importance to future cooperation between suppliers and customers.

Competition authority seeks to obtain data from mobile phone operators
  • Czech Republic
  • 23 April 2020

To facilitate the detection of anti-competitive behaviour, the Office for the Protection of Competition has proposed an amendment to the Act on Electronic Communication. Based on the amendment, the office would be entitled to request individual activity and location data (ie, date, time, mode of communication and duration) from mobile phone operators. However, access to this data would not be possible without prior judicial written permission.

Competition authority under scrutiny for alleged fishing expedition
  • Czech Republic
  • 19 December 2019

The legality of on-site inspections (also known as dawn raids) carried out by the Office for the Protection of Competition at the premises of betting companies in early 2019 is currently under judicial review. For its part, the office maintains that dawn raids are an efficient tool for investigating possible competition law infringements. Moreover, it recently published an information letter on dawn raids and intervention actions on its website.

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