Publication details
Povaha kartelového deliktu
| Title in English | The nature of a cartel infringement |
|---|---|
| Authors | |
| Year of publication | 2026 |
| Type | Peer-reviewed scientific article |
| Magazine / Source | OBCHODNĚPRÁVNÍ REVUE |
| MU Faculty or unit | |
| Citation | |
| web | https://www.beck.cz/obchodnepravni-revue |
| Keywords | single and continuous infringement; anticompetitive conduct; competition law; administrative law; cartel law |
| Description | This article examines the interpretation of Section 3(1) of the Act N. 143/2001 Sb. and the practical difficulties associated with its application in administrative proceedings concerning infringements of this provision. Each cartel arrangement is unique. Nevertheless, most agreements can be classified into two categories based on their similar modus operandi: horizontal agreements and vertical agreements. In its recent case law, the Supreme Administrative Court has not distinguished between these types of agreements and has not identified any differences in the patterns of anticompetitive conduct consisting of prohibited cooperation between competitors. The article addresses the question of whether the conclusion of a cartel agreement may be classified as a continuing administrative offence and, if so, under what conditions. It further summarizes the individual arguments supporting the classification of a vertical cartel agreement as a lasting administrative offence. |
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