Baby Direkt: Decision of the Supreme Administrative Court of the Czech Republic (Nejvyšší správní soud) 6 November 2023 – Case No. 4 As 236/2022–161

Mutual consent between all contracting parties is a crucial aspect of the essential definition of an offence involving the making and implementation of prohibited agreements, as outlined in Sec. 3(1) of the Competition Act. An administrative authority’s judgement must include all individual acts of the continuing offence in the verdict, including their approximate times and manner of infringement, from which it is possible to determine that there was mutual consent between the parties (here: claimant and its individual customers), and thus the conclusion and fulfilment of cartel agreements. Such also applies to offences described under Sec. 22a(1)(b) of the Competition act.