The Czech Regional Court in Brno annuls on a procedural point a decision of the Competition Authority concerning an alleged abuse of dominant position in the industrial gases market (Linde Technoplyn)

By a judgment rendered on 10 July 2007, the Regional Court in Brno annulled the first-instance and appeal decisions rendered by the Czech Office for the Protection of Competition and its President in the Linde Technoplyn case. Unfortunately for the commentators, the verdict is based solely on procedural grounds, leaving completely aside the merits of the case. Such a situation is current, if regrettable - unlike e.g. its EC counterparts, the Regional Court (which is competent for the first-instance review of the decisions of the Office) tends to terminate its review as soon as the first (usually procedural) error justifying the annulment is found, and the applicant's remaining pleas are not discussed. In the authors' view, this “fragmentary” nature of the review operated by the

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Authors

  • Wolf Theiss (Prague)
  • Czech Ministry of Justice (Prague)

Quotation

Robert Pelikán, Jan Převrátil, The Czech Regional Court in Brno annuls on a procedural point a decision of the Competition Authority concerning an alleged abuse of dominant position in the industrial gases market (Linde Technoplyn), 10 July 2007, e-Competitions July 2007, Art. N° 14755

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