CZECH REPUBLIC Trends and Developments Contributed by: Robert Neruda, Roman Světnický, Martin Rott and Robert Nersesjan, HAVEL & PARTNERS
in competition law infringements. Historically, enforcement in Czechia has focused solely on undertakings as entities responsible for anti-competitive conduct. The reform would empower the CCA to impose fines directly on natural persons, such as executives and board members. This would align Czech practice with jurisdictions such as Germany and the United Kingdom, where individual sanctions serve as a key deterrent. However, many stakeholders expressed concern over the introduction of this concept into Czech law, citing numerous unre - solved issues. These include the interplay with leniency programme, the potential violation of the ne bis in idem principle, particularly as cer - tain competition infringements such as bid rig - ging also constitute criminal offences in Czechia, and questions related to the nemo tenetur princi - ple and fines for non-compliance with the CCA’s requests. While the CCA acknowledged the broad input received during the consultation, it has yet to publish a revised draft reflecting these contribu - tions. As a result, many key questions remain open, including the precise scope of individual liability and the conditions under which transac - tions may be retrospectively investigated. Some observers have also raised concerns that the CCA’s expanded discretion might exceed constitutional limits, particularly with respect to privacy rights, property rights and due pro - cess. These issues could delay the legislative process or lead to court challenges after the law is enacted. Nevertheless, the consultation marked a con - structive step in the reform process. It revealed a willingness by both the CCA and market actors to engage in open dialogue, and highlighted the
critical importance of balancing enforcement power with legal predictability. Conclusion: Future Outlook The ongoing reform of the Czech merger con - trol regime signals a clear shift towards a more assertive, flexible, and powerful competition authority. While the legislative process contin - ues to unfold amidst political and constitutional discussions, the core elements, such as the call- in mechanism, broadened definitions of con - centration and individual liability are expected to remain central, albeit with potential proce - dural safeguards. A general election is scheduled to take place in Czechia in October 2025, and it is increasingly unlikely that the current legislature will be able to pass the reform bill before its term ends. Never - theless, no major political party has expressed opposition to the proposed reform. Competition law remains a largely apolitical issue in Czechia, with antitrust legislation typically attracting mini - mal public attention. As such, even in the event of a political shift following the election, signifi - cant changes to the substance of the reform are unlikely. The reform will have strategic implications for businesses and legal advisors operating in the Czech market, especially those involved in cross-border deals, innovation sectors, and private equity. Preparing for greater regula - tory scrutiny and complexity will require robust compliance frameworks, enhanced documen - tation practices, and proactive engagement with the CCA to manage emerging risks effec - tively. Beyond the technical changes, the reform reflects a broader cultural evolution in compe - tition enforcement, where merger control is no
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