Recorded Telephone Conversations - Legal Evidence In Administrative Proceedings

A decision issued by the Supreme Administrative Court (the "Court") on 31 October 2013 (recently published) considered a telephone conversation between two individuals - the manager of an outdoor equipment producer and a representative of its distributor - as legitimate evidence in administrative proceedings. The decision confirmed the precedent decision of the Regional Court in Brno ("the Regional Court") which upheld the original decision of the Czech Competition Authority (The Office for the Protection of Competition, "CCA").

Background of the case

By the decision dated 11 May 2009 ("the Decision"), the CCA fined a producer of outdoor equipment (the "Producer") for illegally setting resale prices ("resale price maintenance", RPM). The Producer appealed against the Decision. The Chairman of the CCA, however, confirmed the Decision. The Chairman's appeal decision was consequently confirmed by the Regional Court in the following court proceedings. After