The Czech Supreme Administrative Court rules that a continuous offence which lasted after the accession of the Czech Republic to the EU shall be treated as two separate offences (GIS cartel)

On 10 April 2009, the Supreme Administrative Court overturned a judgment of the Regional Court in Brno which quashed a decision of the Chairman of the Office for the Protection of Competition (the “Office”) which imposed an overall fine of CZK 941,881,000 on 16 of the business groups ALSTOM, Areva, Fuji, Hitachi, Toshiba, Mitsubishi, Siemens, Nuova Magrini, VA Tech. These companies were fined for breach of Section 3 (1) of the Czech Competition Act for their conduct during the period until the accession of the Czech Republic to the European Union. According to the Office, the companies were in a long-term global cartel agreement restricting competition on the Czech market for so-called gas-insulated high-tension electric switchgear (“GIS”). The Regional Court in Brno held that the appeal

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Authors

  • Norton Rose Fulbright (London)
  • SauterRentsch (Prague)

Quotation

Juraj Neuwirth, Rudolf Rentsch, The Czech Supreme Administrative Court rules that a continuous offence which lasted after the accession of the Czech Republic to the EU shall be treated as two separate offences (GIS cartel), 10 April 2009, e-Competitions April 2009, Art. N° 27565

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