Czech Republic merger control (2019)
Produced in partnership with Schönherr
Czech Republic merger control (2019)

The following Competition guidance note Produced in partnership with Schönherr provides comprehensive and up to date legal information covering:

  • Czech Republic merger control (2019)
  • 1. Have there been any recent developments regarding the Czech merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in the Czech Republic?
  • 2. Under Czech merger control law, is the control test the same as the EU concept of ‘decisive influence’? If not, how does it differ and what is the position in relation to 'minority shareholdings'?
  • 3. Are joint ventures caught by the national merger control provisions (including non-structural, cooperative joint ventures)?
  • 4. What are the merger control thresholds and would a purely foreign-to-foreign transaction be caught (commenting on any ‘effects’ doctrine/policy if relevant)?
  • 5. Are there any specific issues parties should be aware of when compiling and calculating the relevant turnover for applying the jurisdictional thresholds?
  • 6. Where the jurisdictional thresholds are met, is notification mandatory and must closing be suspended pending clearance?
  • 7. Is there any discretion to review transactions that fall below the notification thresholds?
  • 8. Is it possible to close the deal globally prior to local clearance?
  • 9. Is there a deadline for filing a notifiable transaction and what is the timetable thereafter for review by the Office for the Protection of Competition?
  • more

A conversation with Claudia Bock, attorney in the Prague office of regional law firm Schönherr on key issues on merger control in the Czech Republic.

NOTE–to see whether notification thresholds in the Czech Republic and throughout the world are met, see Where to Notify.

1. Have there been any recent developments regarding the Czech merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in the Czech Republic?

There have not been any recent developments in the Czech merger control regime. At present, there are also no new legislative proposals to reform the merger control regime.

In terms of case law developments, no landmark decision has been taken either by the Czech Competition Authority or the courts.

2. Under Czech merger control law, is the control test the same as the EU concept of ‘decisive influence’? If not, how does it differ and what is the position in relation to 'minority shareholdings'?

The concept of control in the Czech merger control regime is in line with the EU notion of decisive influence. The Act No. 143/2001 Coll., on the Protection of Competition (the Act) defines the term ’control’ as a possibility to perform, on a legal or de facto basis, a decisive influence on the activity of another undertaking, particularly