EU ANTITRUST: HOT TOPICS & NEXT STEPS

Prague, Czechia

EU ANTITRUST: HOT TOPICS & NEXT STEPS 2022

Antitrust Limitation Periods in the Czech Republic in the light of recent CJEU case-law Filip Novotný 1 , Kateřina Novotná 2 Masaryk University 1, 2 Faculty of Law, Department of Environmental Law and Land Law 1 Faculty of Law, Department of International and European Law 2 Střední 389/5, Brno, 602 00 Czech Republic e-mail 1, 2 : novotny.filip@centrum.cz , Katerina.Novotna1@law.muni.cz

Abstract This contribution focuses on the issue of the limitation of liability in Czech competition law. Its main aim is to find an answer to the question of whether the Czech statute of limitations is regulated in compliance with EU competition law or not. In doing so, the recent case law of the CJEU on the practical application of antitrust limitation periods, in particular the Judgements in Cases C308/19 and C450/19, will also be considered. The authors will specifically look at whether the starting point of the limitation period in Czech law as interpreted by the Czech Office for the Protection of Competition (OPC) and Czech administrative courts is laid down in accordance with EU law and the case law of the CJEU. Further, the authors will assess whether the grounds for suspending and interrupting the limitation period in Czech law are determined in accordance with EU law and whether the grounds for suspending and interrupting the limitation period are interpreted by the OPC and administrative courts in accordance with EU law and the relevant case law of the CJEU. Keywords: antitrust enforcement, antitrust limitation periods, CJEU antitrust case law, Czech competition law JEL Classification: K210 1. Public Enforcement of EU Competition Law The creation of a highly competitive social market economy has been one of the fundamental aims of European integration since its inception (Article 3(3) Consolidated Version of the Treaty of European Union. (TEU). One of the key policy instruments of the EU for a competitive internal market is the effective functioning of legal rules that prohibit companies from distorting competition. These rules are designed to ensure that undertakings cannot restrict competition through any form of cooperation or coordination (Article 101 Consolidated Version of the Treaty of the Functioning of the European Union. (TFEU),

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