The Czech Supreme Administrative Court maintains strict view on ’loyalty’ discounts when it cancels for the second time Regional Court of Brno’s judgment (Telefonica O2 Czech Republic / Price Plans)

On 30 July 2010, Supreme Administrative Court cancelled the judgment of Regional Court in Brno in case concerning alleged abuse of dominant position by Telefonica O2 Czech Republic (“TO2”) in connection with its so-called “price plans”, i.e. special price programs for its business customers. The Regional Court in Brno previously cancelled the decision of the Czech Office for Protection of Competition (“Office”) which imposed a fine of CZK 81,7 M upon TO2 for alleged abuse of dominant position. Supreme Administrative Court disagreed with two principal conclusions of the Regional Court, namely that (i) the contested decision of the Office failed to specify the harm to other undertakings and consumers in a sufficiently precise manner and (ii) the discount practices in questions (the price

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  • Skils (Prague)

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Jiri Kindl, The Czech Supreme Administrative Court maintains strict view on ’loyalty’ discounts when it cancels for the second time Regional Court of Brno’s judgment (Telefonica O2 Czech Republic / Price Plans), 30 July 2010, e-Competitions July 2010, Art. N° 32655

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