Manager of EGEM Did Not Fulfil the Obligation to Cooperate during the Dawn Raid, the Office Imposed a Fine Amounting to CZK 2,362,000
Petr Mlsna commented the case as follows. “Cooperation of the undertaking during the dawn raid is absolutely necessary; what is more, the undertaking is legally obliged to do so.”
The undertaking did not fulfil the legal obligation to fully cooperate during the inspection carried out by the Office on 4 September 2019. Firstly, the undertaking promised that its manager would make his working electronic devices available to the Office’s investigation. However, the manager did not fulfil this promise influencing the course and the aim of the inspection.
The undertaking raised several objections within the appeal. According to the undertaking, the Office tried to restrict personal liberty of the manager when asking him to take part in the dawn raid. In addition, the undertaking denied its own promise to ensure the manager´s presence at its commercial premises during the dawn raid. Last but not least, the undertaking did not agree with the level of the imposed fine as well.
The Chairman of the Office rejected all the objections. The undertaking is not allowed to avoid examination of its electronic devices and communication channels due to absence of the manager at its commercial premises during the dawn raid. The level of the fine is considered as adequate by the Chairman of the Office. It is possible to impose a fine of up to CZK 300,000 or up to 1% of the undertaking’s turnover for such infringement of the Competition act. The imposed fine reaches the amount of 0.1% of the turnover and it is fully in accordance with the amount of fines imposed in similar cases.
The legality of the inspection carried out by the Office was upheld by the Regional Court in Brno, which rejected the administrative action of EGEM against an illegal intervention.
Press Unit of the Office
21/006 – R0228/2019
2024-06-19 / Office for the Protection of Competition Cooperates with European Public Prosecutor's Office Today in Luxembourg, Mr Petr Mlsna, the Chairman of the Office for the Protection of Competition, signed an agreement with the European chief prosecutor, Ms Laura Codruţa Kövesi, on cooperation between...
2024-05-09 / The Office Revealed and Punished Another Cartel Agreement between Construction Companies The Office for the Protection of Competition imposed fines totalling CZK 7,442,000 on the construction companies B.H.S. BOHEMIA, a.s., SEŽEV facility s.r.o., COMMODUM, spol. s r.o. and Hroší stavby...
2024-04-23 / EP ENERGY TRADING Infringed Competition Act by Early Implementation of Merger With Gazela Energy The Office for the Protection of Competition (the Office) imposed a fine of CZK 18,840,000 on the undertaking EP ENERGY TRADING. for concluding a concentration between undertakings prior to the notification...
2024-04-18 / Sector Inquiry on Waste Management The Office for the Protection of Competition (the Office) has initiated a large-scale sector inquiry focused on waste management. Over the next two years, the Office shall obtain information from all...
2024-04-09 / Zásilkovna will share pick-up points thanks to the intervention of the Office, more options for consumers The Office for the Protection of Competition (“the Office”) accepted commitments from an undertaking Zásilkovna s.r.o. consisting of an amendment to the contractual terms and conditions concluded...
2024-04-05 / Fine of CZK 8 million for Another Pet Food Distributor Forbiding Lower Prices By the first-instance decision, the Office for the Protection of Competition (“the Office”) imposed a fine of CZK 8,656,000 on the undertaking Dibaq a.s. for entering into prohibited agreements on...
2024-04-03 / The Office Imposed a Fine of CZK 72 million on Distributor of Moulinex, Rowenta, Krups and Tefal Products The Office for the Protection of Competition (hereinafter referred to as “the Office”) imposed a fine of CZK 72 333 000 on the undertaking Groupe SEB ČR s.r.o. for prohibited agreements on resale...
2024-02-13 / The Office Imposed a Record Fine of CZK 125 million on ELECTROLUX for Anticompetitive Conduct The Office for the Protection of Competition (hereinafter referred to as “the Office”) punished the undertaking ELECTROLUX, by imposing a fine of CZK 125 404 000 for long-term anticompetitive conduct...
