Abstract
In the Czech Republic, the main legal provisions regarding protection of competition are contained in ACT No. 143/2001 Coll. of 4 April 2001 on the Protection of Competition and on Amendment to Certain Acts (Act on the Protection of Competition) as amended (the ‘Competition Act’). It is important to note that relevant competition law legislation on the European level, principally Articles 101 and 102 TFEU and Regulations 1/2003 and 139/2004 and also other relevant competition law regulations, are directly applicable in the Czech Republic and therefore play a key role as regards the protection of competition in the Czech Republic. Nevertheless, this report focuses on national competition law.
All ideas and thoughts in this report are solely the authors’ and do not necessary correspond or might in any way be considered as the official opinion of the Office for the Protection of Competition.
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Notes
- 1.
By the damage of greater extent it is meant damage higher than 50 000 CZK (Approximately EUR 1,850).
- 2.
Re-export means the export of drugs which are already distributed in the Czech maket to outside the country. Since prices of regulated drugs differ vastly within the EU, it is profitable for distributors to re-export drugs firstly distributed in a country with low regulated drug prices to a country with high regulated drug prices.
- 3.
CIA news, http://www.cianews.cz/cs/w21463-caff-legislativni-zmeny-urychli-vstup-generik. Accessed 16 June 2016.
- 4.
The Office for the protection of competition. http://www.uohs.cz/cs/hospodarska-soutez/aktuality-z-hospodarske-souteze/1425-zdravotni-pojistovny-nejsou-souteziteli.html. Accessed 15 July 2016.
- 5.
Act No. 137/2006 Coll. on Procurement.
- 6.
So far there has been only three cases – ban on export of Novomix 30 Flexpen, Actilyse and Antabus.
- 7.
Approximately EUR 750,000.
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Nejezchleb, K. (2017). Czech Republic. In: Kobel, P., Këllezi, P., Kilpatrick, B. (eds) Antitrust in Pharmaceutical Markets & Geographical Rules of Origin. LIDC Contributions on Antitrust Law, Intellectual Property and Unfair Competition. Springer, Cham. https://doi.org/10.1007/978-3-319-55813-4_5
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