Document 5 - Amendment to the Act on the Protection of Competition
The amendment to the Act on the Protection of Competition and the Act on Financial Market Recovery Procedures brings fundamental changes to the regulation of competition and the powers of the Office for the Protection of Competition (UOHS). The Office may now require notification of concentrations of competitors even if they do not meet the turnover criteria, if there is a suspicion of distortion of competition. The merger must achieve a turnover of CZK 1.5 billion on the Czech market and at least two competitors must have a turnover of more than CZK 100 million. The call may be made within 6 months of the transaction and it is prohibited to continue with the implementation of the merger until the decision of the Office. The Office may impose measures of a general nature for a period of up to 3 years, which may be extended. New offences are being introduced with fines of up to CZK 10 million or 10% of turnover and a ban on activity for 5 years. The amendment extends the leniency program to natural persons who have participated in cartel agreements, which allows them to avoid criminal sanctions. The Office may order the sale of part of the company or the cancellation of contracts if the merger distorts competition. Companies must be prepared for new obligations, including compliance with the deadlines for notification of concentrations and compliance with the obligations imposed by the Office. Violations of the rules can lead to hefty fines, bans, or other sanctions. The changes increase administrative costs, but also market transparency and the quality of sector inquiries. The Act enters into force on 1 July 2026.
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