Below-Threshold Merger Review by the Czech Competition Authority
In the previous issues, we reported on the draft amendment to Act No. 143/2001 Coll. on the Protection of Competition (Parliamentary Document No. 853/0), which remains in the legislative process. If adopted, the amendment would introduce several significant changes to the powers of the Czech Office of Protection of Competition (the “Office”).
We have already covered the “New Competition Tool” and sanctions for individuals. In this issue, we focus on the third main pillar of the proposal – a call-in model for mergers.
It is no surprise that the Office wants the power to review below-threshold. This move follows a broader European trend. Several EU Member States (e.g. Denmark, Hungary, Italy, Ireland, Slovenia or Sweden) already allow their national competition authorities to review mergers that do not meet standard thresholds, where concerns about anti-competitive effects exists. However, the scope, timing, and procedural rules vary from country to country.
This trend was reinforced by the Court of Justice Judgement of 3 September 2024 in Illumina v. Commission (C-611/22 P). The Court clarified that the Commission may only accept referrals under Article 22 of the EU Merger Regulation (Regulation No. 139/2004) from national competition authorities that have jurisdiction under their own laws, highlighting the importance of national call-in rights.
What three main conditions must be met for the Authority to intervene in a merger under the proposed regime? What may be the pros and cons of a targeted approach as opposed to a call-in model? Find out more in the article below or contact us directly.
Following the Trend: Prospective Below-Threshold Merger Review in Czechia
Accessibility requirements for products and services
Act No. 424/2023 Coll., on accessibility requirements for certain products and services, comes into force. This legislation represents a significant step towards harmonizing accessibility rules across the European Union, as it transposes Directive (EU) 2019/882 of the European Parliament and of the Council (the European Accessibility Act). While its main objective is to improve accessibility for persons with disabilities, it will also enhance the overall user experience for a wide spectrum of consumers.
Who is Affected by the New law?
Even though the concept of accessibility is nothing new in Europe or Czechia, this new law will significantly affect number of businesses that offer products or services to consumers both online and offline. It includes telecommunication providers, transport providers, financial institutions (banks) and e-commerce platforms. The obligation applies regardless of whether the product or service is offered free of charge or for a fee. It applies to enumerated products and services such as electronic communications services, services providing access to audiovisual media content, transport services, financial services, and others. As for the products, the law applies to e-book readers, certain self-service terminals (such as ATMs or payment or information terminals), computers, mobile phones, and more.
How should businesses behave until new or revised harmonised standards are available? What other obligations do service providers have to comply with in addition to technical changes? Read the full article below or leave us a message.
New legislation on accessibility coming into force in Czechia
The New Role of the Lawyer: Strategic Advisor in a Complex World
The Legal Industry Reviews Czech Republic has become a trusted platform for sharing key legal developments and thought-provoking analysis, bringing together practitioners, academics and regulators. In the current edition, Jiří Mňuk emphasises that this initiative provides a space for an important exchange of views in an ever-changing legal environment, and the Czech legal sector is approaching it with great interest
Today’s legal profession is changing rapidly and lawyers are now expected to know much more than just the law. As Jiří Mňuk points out, a lawyer is no longer just an interpreter of the law, but increasingly also a strategic advisor, risk analyst or business consultant. Effective solutions to client requirements require not only legal expertise, but also a deeper knowledge of economics, finance, digital technologies or environmental standards. Lawyers thus need to cultivate a broad range of skills and the ability to perceive connections across different disciplines.
This increasing complexity makes the legal profession extremely interesting and presents a challenge rather than a barrier for the younger generation. Lawyers today need a more agile mindset, greater commercial awareness and a willingness to continually educate themselves. It is the combination of theoretical knowledge with practical insight and the ability to respond to a rapidly changing economic or technological environment that gives the profession its deep meaning. All this brings not only personal enrichment but also the opportunity to make a meaningful contribution to businesses, institutions and society as a whole.
