CYIL vol. 13 (2022)

CYIL 13 ȍ2022Ȏ IMPACT OF COVIDǧ19 ON COMPETITION LAW AND POLICY of emergency, some extra cooperation among undertakings may be desirable ”, 31 as long as it concerned solely the provision of goods and services, which are crucial during the pandemics and the supply of which is currently under threat. In its Annual Reports for 2020 and 2021, however, the Czech Competition Authority did not refer to any such arrangement. 32 Neither did it mention any COVID-related infringement it investigated. As did the Commission, the Czech Competition Authority also announced it readiness to comfort the undertakings with guidance letters, 33 none has however been issued. In other countries of Central Europe, the competition authorities rather stressed their readiness to enforce competition law even in pandemic times, without much discussing the limits of the pandemic-specific cooperation. In Slovakia, the Slovak Competition Authority did not specifically address the question of relaxing the antitrust rules at all, it only mentioned in April 2020 that it would re-assess its enforcement priorities in order to take into account the pandemic situation. 34 In the Annual Report for 2020, 35 it did not mention any COVID related case. 36 Also the Slovak Competition Authority was prepared to provide guidance, no comfort letter has nonetheless been issued. 37 The Polish Competition Authority seemed to be even more hawkish. It also did not mention any possibility of relaxing the antitrust rules; on the contrary, it opened several investigations on the markets for products vital to preventing the spread of the coronavirus, it however did not uncover any infringements. 38 As the other competition authorities mentioned, the Polish one also announced its willingness to comfort undertakings, 39 but no actual guidance letter has been issued. 40 Unlike in the EU law, no rules of material law have been amended in these countries in order to limit the applicability of competition law. 31 Press release of the Czech Competition Authority of 27 March 2020, available (at Czech only) at: https://www. uohs.cz/cs/informacni-centrum/tiskove-zpravy/hospodarska-soutez/2756-dohled-nad-dodrzovanim-pravidel hospodarske-souteze-v-dobe-krize-zpusobene-onemocnenim-covid-19.html (accessed 22 July 2022). 32 The annual reports of the Czech Competition Authority are available at: https://www.uohs.cz/en/information centre/annual-reports.html (accessed 22 July 2022). The Annual Report for 2021 was only available in Czech in July 2022. 33 The original press release of the Czech Competition Authority is no longer available online, it however issued an identical one during the second COVID wave; the press release of 22 October 2020 is available (in Czech only) at: https://www.uohs.cz/cs/informacni-centrum/tiskove-zpravy/hospodarska-soutez/2765-zavazny-pristup uradu-pro-ochranu-hospodarske-souteze-k-reseni-dopadu-pandemie-covid-19-na-hospodarskou-soutez-v-ceske republice.html (accessed 22 July 2022). 34 Press release of the Slovak Competition Authority of 27 April 2020, available (in Slovak only) at: https:// www.antimon.gov.sk/sutazny-aspekt-a-ochrana-hospodarskej-sutaze-v-podmienkach-mimoriadnej-situacie/?cs rt=3213529031999771817 (accessed 22 July 2022). 35 Annual reports of the Slovak Competition Authority are available at: https://www.antimon.gov.sk/annual-repor ts/?csrt=12526857127441913920 (accessed 22 July 2022). 36 As of July 2022, the Annual Report for 2021 was not yet available. 37 Presentation of Michaela NOSA, Director of Legislative, Legal and International Relations Division of the Slovak Competition Authority, at the conference on 7 June 2022, Olomouc. 38 Annual Report of the Polish Competition Authority for 2020, available at: https://uokik.gov.pl (accessed 22 July 2022), p. 31. 39 Ibid. 40 Presentation of Maciej JANIK, Department of European Economic Law, University of Łódź, at the conference on 7 June 2022, Olomouc.

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