Cartel conduct by individuals is criminalised in the Criminal Code.
The offence
Individuals who violate Act No. 143/2001 on the Protection of Competition may commit a criminal offence. Section 3(1) prohibits all agreements between undertakings, decisions by associations of undertakings and concerted practices which have as their object or effect the distortion of competition.
Prohibited agreements include:
- price fixing agreements;
- production control agreements;
- market-sharing agreements; and
- group boycotts.
Corporations may face criminal prosecution under the Act on Criminal Liability of Corporations for the offence of plotting within public procurement if they are involved in bid rigging of public tenders.
Sanctions
Individuals
Maximum fine of 36.5 million koruna and three years’ imprisonment (eight years’ if there are aggravating circumstances).
Corporations
For bid rigging of public tenders sanctions include fines, forfeiture of assets, dissolution of the company and a ban on participation in public tenders.
