Publication details
Z rozhodovací praxe Úřadu pro ochranu hopsodářské soutěže
| Title in English | From the decisional practice of the Office for the protection of competition |
|---|---|
| Authors | |
| Year of publication | 2017 |
| Type | Article in Periodical |
| Magazine / Source | Antitrust |
| MU Faculty or unit | |
| Citation | |
| Keywords | the Office for the protection of competition; decision; single repeated infringement; decisional practice |
| Description | This article describes two recent decisions of the Office for the protection of competition that have been adopted within the settlement procedure. Both decisions dealt with bid rigging practices, first in the public sector and second in the private sector. The interesting issue which the Office had to deal with in the first case was that one of the parties to proceedings had not any turnover in the relevant market and therefore the fine could not be calculated according to the Offices guidelines. The Offices in the end set the fine to 0,5 percent of the undertakings net turnover for the last business year, which is coherent with the former practice of the office and also corresponds with its thinking regarding the deterrent effect of fines. In the second case the Office dealt with situation when the three undertakings engaged in three separate bid rigging agreements that were connected within one big tender. The Office had to assess if such conduct constitutes one single infringement. In this regard the Office proceeded analogically according to the Criminal code that contains specific paragraph regarding assessment under what conditions several independent conducts forms one single infringement. The Office concluded that in this case all such conditions have been met and found that the parties conduct formed one single infringement. |