The Czech Supreme Administrative Court rules that the NCA was entitled to sanction a cartel activity a part of which had already been sanctioned by the European Commission (Toshiba)

I. Introduction On 10 April 2009, the Supreme Administrative Court of the Czech Republic (the «SAC») overturned a judgment of the Regional Court in Brno of 25 June 2008 that had annulled a decision of the Chairman of the Office for Protection of Competition (the «Office») of 26 April 2007 whereby a fine of CZK 941.881.000 had been imposed on major world-wide producers of gas insulated switchgears (among others Toshiba, Areva, Mitsubishi, ALSTOM, Fuji Electric Systems, Siemens, and Hitachi) which participated from 1988 until 2004 in a cartel for GIS projects in violation of Section 3(1) of the Czech Competition Act (Act n° 63/1991 Coll. until 30 June 2001 and Act n° 143/2001 Coll. since 1 July 2001). At the same time, the SAC referred the case back to the Regional Court for further

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  • Havel, Holasek & Partners (Prague)

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Roman Barinka, The Czech Supreme Administrative Court rules that the NCA was entitled to sanction a cartel activity a part of which had already been sanctioned by the European Commission (Toshiba), 10 April 2009, e-Competitions Bulletin ECHR, Art. N° 26225

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