''Baby Direkt'' Decision of the Supreme Administrative Court of the Czech Republic (Nejvyssi spravni soud) 6 November 2023-Case No. 4 As 236/2022-161

被引:0
|
作者
Koukal, Pavel
Jezek, Michal
机构
关键词
Direct resale price fixing; Disruption of economic competition; Description of individual acts of the continuing offence; Prohibited agreements; Administrative procedure; Cartel agreement; Mutual consent; Long-term anti-competitive behaviour;
D O I
10.1007/s40319-024-01508-x
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
1. Mutual consent between all contracting parties is a crucial aspect of the essential definition of an offence involving the making and implementation of prohibited agreements, as outlined in Sec. 3(1) of the Competition Act. 2. An administrative authority's judgement must include all individual acts of the continuing offence in the verdict, including their approximate times and manner of infringement, from which it is possible to determine that there was mutual consent between the parties (here: claimant and its individual customers), and thus the conclusion and fulfilment of cartel agreements. Such also applies to offences described under Sec. 22a(1)(b) of the Competition act.
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页码:1368 / 1376
页数:9
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