20.3.2015
News
Competition

KŠB Wins the Philips Cartel Case before the Supreme Administrative Court

The Supreme Administrative Court, which decided the case as the court of last resort, agreed with the key points of KŠB’s argumentation.

The Czech Competition Authority (CCA) alleged that Philips was a party to a cartel agreement between colour TV screen manufacturers. According to the CCA, the cartel existed under both the former and the current (as of 2001) version of the Competition Act. However, unlike the other parties involved in the cartel, Philips was alleged to have been involved only during the period of the “old” Competition Act. Therefore, there was a question concerning when the penalty time limit actually started or, in other words, when Philips’ liability for the alleged cartel involvement ceased. The CCA and the Regional Court in Brno both held that the time limit started when the cartel agreement terminated, i.e. at a time when (as also acknowledged by the CCA) Philips was no longer involved.

However, the Supreme Administrative Court agreed with KŠB’s arguments and overturned the Regional Court’s decision. Given the principle of personal liability, the penalty time limit must have started at the moment the company ceased to be involved in the alleged unlawful activity rather than at the moment the cartel was terminated by all the parties involved. The Supreme Administrative Court held that the penalty time limit had expired even before the CCA started its administrative proceedings and that therefore Philips liability for the alleged competition offence certainly ceased to exist upon the expiry thereof as well. The Supreme Administrative Court thus overturned both the Regional Court’s decision and the CCA’s decision – which did not impose a penalty but ruled that the law was violated – and it ordered the CCA to terminate the proceedings against KŠB’s client.

Other articles

10.7.2026
News

Jan Lasák vystoupil na Balkan Legal Forum 2026

Partner KŠB Jan Lasák vystoupil jako panelista na letošním ročníku Balkan Legal Forum 2026, jedné z nejvýznamnějších konferencí zaměřených na právní trh ve střední a jihovýchodní Evropě.

Partner KŠB Jan Lasák vystoupil jako panelista na letošním ročníku Balkan Legal Forum 2026, jedné z nejvýznamnějších konferencí zaměřených na právní trh ve střední a jihovýchodní Evropě.

26.6.2026
News

KŠB Partner Tomáš Sequens Speaks at the “Law and the Environment” Conference

Organized by Česká justice and Ekonomický deník at Truhlárna Karlín in Prague, the “Law and the Environment” conference brought together representatives from the government, the business sector, the professional community, and the legal profession to discuss the current challenges related to environmental protection, decarbonization, and the regulatory framework for doing business.

Organized by Česká justice and Ekonomický deník at Truhlárna Karlín in Prague, the “Law and the Environment” conference brought together representatives from the government, the business sector, the professional community, and the legal profession to discuss the current challenges related to environmental protection, decarbonization, and the regulatory framework for doing business.

18.6.2026
News

KŠB Provide Insight into the Legal Support for Smetana Litomyšl Music Festival

Our colleagues Sylvie Sobolová and Jana Guričová were interviewed by Jan Januš’s legalweb about the legal support for Smetana Litomyšl, one of the most important music festivals in the Czech Republic.

Our colleagues Sylvie Sobolová and Jana Guričová were interviewed by Jan Januš’s legalweb about the legal support for Smetana Litomyšl, one of the most important music festivals in the Czech Republic.