CZECH REPUBLIC Law and Practice Contributed by: Robert Neruda, Roman Světnický, Martin Rott and Robert Nersesjan, HAVEL & PARTNERS
5.2 Parties’ Ability to Negotiate Remedies
objections. A proposal submitted later may only be taken into account in special cases. If parties offer remedies either in the first 30 days of the proceedings or in the second phase, the OPC will extend the deadline by 15 working days. 5.5 Conditions and Timing for Divestitures The parties may complete a transaction when remedies are approved by the OPC and made binding in its final decision. The condition and timing for both structural and behavioural rem - edies are highly individual and vary case-by- case – the regulatory framework does not set any deadlines. The implementation of remedies is then subject to ex post review. If the remedies are imple - mented after a deadline set by the decision or not implemented at all, the OPC may impose a fine of up to 1% of the undertaking’s turnover or withdraw the merger approval decision. 5.6 Issuance of Decisions Parties receive a formal decision permitting or prohibiting a transaction, while the OPC pub - lishes a press release informing about the result of the merger proceedings on its website. Addi - tionally, with some delay caused by confidenti - ality claims of the parties, the OPC publishes a non-confidential version of the decision on its website. This takes usually approximately one month. 5.7 Prohibitions and Remedies for Foreign-to-Foreign Transactions It is very rare for the OPC to prohibit transac - tions. Decisions requiring remedies occur but not frequently. No significant disparity can be observed between commitments required in local as opposed to foreign-to-foreign transac - tions.
Parties to a concentration may offer remedies in order to maintain effective competition in cases where the OPC voices its concerns that the transaction may lead to substantial distortion of competition. Remedies may take essentially any form, which means that the remedy may be structural or behavioural in nature, with or with - out time limitations. 5.3 Legal Standard Remedies must be proposed by the parties to the transaction. The OPC may approve a con - centration if parties provide evidence to prove that implementation remedies are sufficient to restore or maintain effective competition. In the absence of such evidence, the OPC is not obliged to inquire about the impact of the rem - edies on the market. 5.4 Negotiating Remedies With Authorities There is no requirement set by law for the parties to the transaction to begin negotiating remedies with the OPC as soon as the first phase of the merger proceeding commences. The distinction between phase I and phase II is diminished in this regard; the parties may negotiate remedies in both phases. The parties to the transaction under review may offer remedies by submitting commitments to the OPC. The OPC, on the other hand, may lay down the conditions and obligations necessary to fulfil the remedies. Accordingly, the OPC can - not impose remedies that are not agreed by the parties. The parties may submit commitments at any time during the review process, but no later than 15 days after receiving the OPC’s statement of
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