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Download Twenty Years of the Office for the Protection of Competition Information Bulletin 2-3/2011 TWENTY YEARS 2-3 OF THE OFFICE FOR THE PROTECTION OF COMPETITION YEARS 20 YEARS OF THE OFFICE FOR THE PROTECTION OF COMPETITION OFFICE FOR THE PROTECTION OF COMPETITION tř. Kpt. Jaroše 7, 604 55 Brno, Czech Republic Editorial Board: Kristián Chalupa, Milena Marešová, Daniel Stankov, Martin Švanda Photographs: Archive of the Offi ce, European Union, Lubomír Stehlík, Aleš Špidla, Tomáš Vymětal Tel.: 542 167 288/243/258/225 Fax: 542 167 112 E-mail: [email protected] www.compet.cz Closing text: 22 September 2011 Design and Print: Tiskárna Kleinwächter, Frýdek-Místek, Czech Republic 2 INFORMATION BULLETIN 2-3/2011 CONTENT Twenty years according to the Chairman´s view ......................................................................................................................... 5 20 years of the Czech competition law ........................................................................................................................................ 7 The Offi ce for the Protection of Competition in dates ............................................................................................................ 11 International Cooperation .......................................................................................................................................................... 15 Overview of the Offi ce in the competition ............................................................................................................................... 19 Prohibited agreements ................................................................................................................................................ 19 Abuse of dominant position ........................................................................................................................................ 24 Concentration of undertakings ................................................................................................................................... 28 Overview of the Offi ce in the public procurement ................................................................................................................... 37 Organizational structure of the Offi ce in 2011 ......................................................................................................................... 48 Experts are talking about the impact of the Offi ce on the Czech economy – questionnaire ................................................49 Photo gallery ............................................................................................................................................................................... 52 3 INFORMATION BULLETIN 2-3/2011 TWENTY YEARS FROM THE CHAIRMAN’S POINT OF VIEW The Offi ce for Protection of Competition (hereinafter referred to as “the Offi ce” or “the OPC”) is commemorating an impor- tant anniversary, it is twenty years since the establishment of the Offi ce. Twenty years is quite long time to balance. For people is this age a symbol of maturity and also in case of the competition authority I can see partial analogy. In this connection I would like to take a think about the life cycle of the Offi ce and its probable direction in the introduction of this Information Bulletin. I can say with pleasure that our Offi ce managed to get over “child’s illnesses” and now is indispensable subject that supervises over the market and has crucial importance for the Czech economy. On its way to ”maturity” it passed through many changes. The greatest challenges were represented by dissolution of Czechoslovakia in the very fi rst years of the Offi ce’s existence as well as the accession to the Euro- pean Union in 2004. In the legislative area years 2001 and 2006 were fundamental, because the fundamental legisla- tion on the protection of competition and public procurement came into force. We managed to cope with all these changes successfully, a fact that was also confi rmed by recent positive rating of the experts of recognized magazine Global Compe- tition Review. The Offi ce is anticipating many important “maturity exami- nations”. In the fi rst place it is the increase in number of staff as well as the increase of budget in connection with the amendment of the Act on the Public Procurement, which is also discussed in public media. It is essential to change not only decision making practice, but we also face a challenge in connection with Offi ce’s human resources policy. Nevertheless I believe that we make the reform up. Looking back and re- minding myself of challenges, that I or the other employees had successfully faced, I am convinced to have a reason to be optimistic. Petr Rafaj Chairman of the Offi ce for the Protection of Competition of the Czech Republic 5 20 YEARS OF THE OFFICE FOR THE PROTECTION OF COMPETITION 6 INFORMATION BULLETIN 2-3/2011 20 YEARS OF THE CZECH COMPETITION LAW Effective competition between the subjects in the market is Czech competition law (as well as the European) results from inevitable for the proper functioning of the market. The com- the permission that the effective competition can be destroyed petition hinders the companies to stagnate on their past by behavior of the undertakings with signifi cant market achievement – they have to come with new and better pro- power, if they don´t apply fair means, or abuse it for their own ducts in order to keep their customers. The success in compe- profi ts, possibly at the expense of the other undertakings tition requires long-term investments and in that way it con- and consumers. As long as there are undertakings in the mar- tributes to the innovation, economic growth and indirectly ket that dispose with such market power and are able – by also to the employment. All at once it stimulates the effective themselves or in the cooperation with others – to destroy fair allocation and exploitation of limited resource and among competition and change basic market parameters in order to others it helps to protect the environment. Fair market condi- gain profi ts, for example by increasing prices above the market tions also facilitate the success not only to big market players, level, the competition authority has the aim to ensure non- but also to the small and medium-sized enterprises. Thus abusing of their market power. functioning competition is in interest of all undertakings that are not afraid of irreproachable competitive fi ght. The custo- Prohibited agreements mers benefi t from the competition most of all – from larger offer of high-quality goods for better prices. The most obvious and serious example of such abusing is cartel – agreements between undertakings, that compete with The purpose of the competition policy is therefore to facili- each other in standard situations. If instead of the healthy tate fair competition in functioning markets. Indeed it is also rivalship, which in principle brings high quality goods for important to realize that the competition is not the object lower prices to consumers, they agree on joint conduct, itself. Competition policy is primarily a tool that ensures wel- the competition stops functioning. Most cases are concerning fare to consumers – it is the main mission, which evaluates its agreements on prices or market sharing. The European Com- activities. mission estimates that as a result of cartel agreement the prices rise about 20% at relevant goods and services and the dam- Competition law in the Czech Republic ages caused by this conduct is about EUR 70 billion per year in the European Union. Most of the countries are aware of the necessity of the com- petition policy and its enforcement is generally performed by Extremely serious cartel is agreement on coordination of par- the independent bodies; in the Czech Republic it is the Offi ce ticipation in public tenders (so-called bid rigging). The under- for the Protection of Competition, which has the exclusive takings, instead of compete with each other by placing most competences for application of competition law. favorable bid, agreed which one of them should win under what conditions. The sense of award procedure is not good, Modern competition law is valid in our country since 1991. because the contracting authority would not gain the most It should be noted that from its beginning it was modeled favorable bid, but one that was agreed by the tenderers and upon the law of the European Union, which enabled the Czech fi rst of all is profi table for them, not for contracting author- competition bodies to resulted from the experience of Euro- ity. Just bid rigging, respectively manipulation with public pean institutions, mostly from the rich practice of the Court tenders at local, not European or global level, is considered of Justice. On the other hand, the areas of the Czech national by the Offi ce as one of its top priority in cartel area. legal regulations which varied from European regulations showed as unsatisfactory in long-term perspective and were Detection of cartel agreements is extremely diffi cult. One of amended in the accordance with the European model. the most effective tools, used by competition authorities, is so-called leniency programme. It ensures immunity to the car- This trend was intensifi ed in 2004, when the Czech Republic tel participants, who terminated their participation in cartel became the member of the European Union. Since this date and submitted to the Offi ce documents essential for cartel the Offi ce is not only inspired by the European law, but also evidence, the Offi ce would not be
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