Abstract
The purpose of this report is to summarise the legal regime of SMEs in the Czech Republic and to point out any potential deficiencies in their regulation. The regulation of SMEs in the Czech Republic is particularly important as they constitute the backbone of the economy, amounting to 99.84 % of all enterprises in the Czech Republic and providing for 60.88 % of employment in the Czech Republic. Firstly, the definition of SMEs is being discussed, together with the relevant case law. Secondly, it is being elaborated thereon, whether a special regulation is provided for SMEs under competition law, as well as any differences in substantive and procedural rules in public and private enforcement. Finally, all conclusions are being summed up and assessed.
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- 1.
Source: Ministry of Industry and Trade – Information for 2010.
- 2.
The bottom line reference refers to Annex I of the Commission Regulation (EC) No 70/2001 of 12 January 2001 on the application of Articles 87 and 88 of the EC Treaty to State Aid to small and middle-sized enterprises. Such reference is obviously outdated, and Annex I of the Commission Regulation (EC) No. 88/2008 of 6 August 2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty (the “General Block Exemption Regulation”) shall apply.
- 3.
The Interpretation Notice came into effect on 1 March 2012.
- 4.
Other state aid cases regarding the Czech Republic, e.g. Bus transport CAS Services (C3/2008), Green Knowledge Centre/Open-air museum, Town of Bystřice nad Pernštejnem (SA.33.433), Reconstruction of Funicular at Mt Snežka (N702/2009), do not concern SMEs.
- 5.
Other agencies are the Ministry of Industry and Trade of the Czech Republic, the Czech Agency for the Promotion of Trade and the Design Centre of the Czech Republic and the Czech-Moravian Guarantee and Development Bank.
- 6.
The association is a legal entity established in accordance with Act 83/1990 Coll., on federations of citizens, as amended. It is registered with the Ministry of the Interior of the CR under ref. no. VS/1-1/48 640/01-R.
- 7.
The legal basis therefore was set by the Directive 2000/35/EC of the European Parliament and of the Council of 29 June 2000 on combating late payment in commercial transactions.
- 8.
Similar regulation was adopted in Section 1964 (2) and 1972 (2) of the Act No. 89/2012, the Civil Code, effective as of 1 January 2014.
- 9.
E.g., registration in the Trade Register, introduction of “all in one” Czech point places, i.e. a network of assisted public administration centres where every citizen can obtain all the information on the data kept on him by the state in its central register, etc.
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Čížková, L. (2014). Czech Republic. In: Këllezi, P., Kilpatrick, B., Kobel, P. (eds) Antitrust for Small and Middle Size Undertakings and Image Protection from Non-Competitors. LIDC Contributions on Antitrust Law, Intellectual Property and Unfair Competition. Springer, Berlin, Heidelberg. https://doi.org/10.1007/978-3-642-54000-4_5
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DOI: https://doi.org/10.1007/978-3-642-54000-4_5
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