The dispute concerned an increase of a fine in review (remonstrance) proceedings.
The Supreme Administrative Court confirmed that the President of the Office for the Protection of Competition may not increase a fine in review proceedings where the original fine was reduced by 20% in the first-instance decision (compared to the statement of objections) due to the party’s application.
Although the general principle prohibiting a change of a decision to the detriment of a party (prohibitio reformationis in peius) does not apply in proceedings before the Office for the Protection of Competition, the Court held that where a fine was reduced at first instance because the undertaking admitted the infringement, the fine cannot subsequently be increased in review proceedings to the detriment of the party.
For more details, see the judgment of the Supreme Administrative Court dated 18 December 2025, file no. 8 As 93/2024-52.
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