Průběžné výsledky šetření ÚOHS k dodržování povinností o významné tržní síle

Interim results of the OCC's investigation into compliance with significant market power obligations

On 15 February 2024, the Office for the Protection of Competition (hereinafter referred to as "the Office") presented the interim results of its sectoral investigations into compliance with the obligations arising from Act No. 395/2009 Coll., on significant market power and unfair commercial practices in the sale of agricultural and food products (hereinafter referred to as "the Act"). We informed you about the major amendment to the Act at the beginning of last year, for example, HERE.

The above-mentioned blanket control was launched in the last quarter of 2023. During twenty-two sectoral surveys, hundreds of enterprises with potentially significant market power were contacted, for example in the production and sale of meat and meat products, poultry and eggs, bread and bakery products, fresh fruit and vegetables, beer, confectionery or health food and food supplements. The main focus of the Authority's work was on establishing the size of undertakings' turnover, examining their supply chain and scrutinising individual contracts.

The continued low awareness among farmers of new obligations, such as the due date of invoices or the written form of contracts, proved problematic. In addition, many of the enterprises surveyed were not aware that they may be in a position of significant market power, which is all customers with an annual turnover exceeding EUR 2 000 000.

The sector inquiries will be completed during this year, and the OCA plans to focus in particular on the manufacturing part of food production, which is significantly more concentrated than retail in many sectors. Final reports will be issued in the second half of this year.

On the basis of the sector inquiries, the OCC is continuously initiating proceedings for abuse of significant market power. It is currently conducting four administrative proceedings, three against wholesalers and retailers and one against a food manufacturer.

We are closely monitoring further developments in this area. If you would like more detailed information, please also contact the authors of this article or other members of EY Law or the EY team with whom you work, if appropriate.

Authors:

Jan Turek

Magdalena Hamáčková