Krajský soud will again address the fine of 500,000 CZK for the chamber of engineers

Brno - The Czech Chamber of Authorized Engineers and Technicians Engaged in Construction is likely to receive back 500,000 crowns, which was previously imposed as a fine by the Office for the Protection of Competition (ÚOHS). The chamber was setting prices for its members' work, which is deemed illegal by the office. However, the Supreme Administrative Court (NSS) acknowledged that the chamber should not have received the fine according to the law and returned the case to the Regional Court in Brno, said NSS spokesman Michal Lovritš today. The sanction is still in effect, but it could be cancelled by the judgment of the regional court.
    The regional court will have to follow the criticism of the NSS, confirmed regional court judge Jaroslav Tesák. The ÚOHS has not yet received the judgment in writing and therefore will not comment at this time, stated Filip Vrána from the ÚOHS external relations department.
    The chamber has about 25,000 members. In 2002, it approved its regulations, which included prices for the services of construction engineers and technicians with authorization. "The prices for the services of authorized engineers and technicians are not subject to price regulation and should arise solely based on market supply and demand," explained former chairman of the antimonopoly office Josef Bednář before.
    Therefore, the chamber had to change the content of the Performance and Fee Regulations with hourly rates for services, or tables with data on the percentage calculation for fee computation. "Although the chamber declared during the administrative proceedings that this is a non-binding document, the information on the level of fees for the chamber members was nonetheless inspiring," believes ÚOHS spokesman Kristián Chalupa.
    According to the NSS, the chamber could issue price lists and fee regulations that have a recommendatory character. "It is undeniable that the issuance - even of a non-binding - Performance and Fee Regulation by the petitioner (the chamber) is an action capable of disrupting competition in the relevant market," acknowledges the chairwoman of the NSS panel, Ludmila Valentová. Nevertheless, according to the law, the ÚOHS could not impose a fine solely for the issuance of the price list, she added.