Buyers restricted not only by the Act on Significant Market Power

Date: 27.08.2010
Company: Ambruz & Dark / Deloitte Legal
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Efforts for the legislative restriction of buyers’ market power can be seen in a number of European countries.

In the Czech environment, the symbol of this effort is the Act on Significant Market Power, which was declared one of the worst acts of the year by the professional public. It prohibits buyers with so-called significant market power from requiring any payment from suppliers that does not correspond to any factually provided service.

Before the effectiveness of this act, the Supreme Court had refused the idea that the supplier contributes to the buyer’s investment and operational expenses. According to the Court, arrangements between buyers and suppliers forcing the supplier to contribute to the expenses connected to the opening of the buyer’s new stores are at variance with good manners and thus absolutely invalid.

Pursuant to the Court’s decision, the expenses of the entrepreneur are to cover the earnings from his business activity, and he cannot transfer them to another entrepreneur even partially. Nevertheless, the impact of this decision is not only restricted to business chains with significant market power.

 

 

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