The Brno Regional Court has upheld a fine of 5.2 million CZK imposed by the Czech Office for the Protection of Competition (ÚOHS) on the Association of Language Schools. This fine was issued in 2023 for the association's violation of competition law by establishing a minimum acceptable price for language instruction services used in public procurement.

The Association, which represents around 30 language schools, publicly announced and enforced this price among its members while promoting it to public procurement authorities. The court confirmed that this conduct significantly restricted competition among the association's members and affected the competitive landscape of language education services in the Czech Republic.

Since at least the second half of 2017, the Association had been setting these prices, updating them over time. For instance, in 2018, members bidding for public contracts were required to charge at least 334 CZK per hour for language instruction, which increased to 368 CZK the following year. The Association regularly discussed pricing at its meetings and monitored compliance among its members.

This case marks the first time the ÚOHS imposed a fine for prohibited decisions made by an association of competitors based on the turnover of its members, following a change in the competition law in 2009. Previously, fines could only be based on the assets of the association, which are often low compared to the members' turnover, making such penalties ineffective.

The Brno Regional Court confirmed the ÚOHS's approach, stating that calculating fines based on member turnover better captures the potential benefits of the infringing conduct and ensures an effective and proportionate penalty that reflects the economic strength of the involved parties.

Initially, the Association was to pay a fine of 9.12 million CZK, but this was reduced to 5.2 million CZK due to the shortened duration of the infringement. The final decision determined that the anti-competitive conduct occurred at least from October 13, 2017, to January 16, 2020.