Global Competition Law is primarly a practitioner's guide presenting the most salient aspects of the major competition laws country by country, giving an overview of their structure and most charasteristic elements.
Global Competition Law also provides insight into possible future developments in the field.

Global Competition Law

Notification must be filed, either jointly or by the acquiring company as appropriate, prior to conclusion of the agreement establishing the concentration or prior to acquisition of control over another undertaking in any other way. The concentration notification must also contain substantiation, documents certifying the facts decisive for the concentration and the requisites set out by the implem …

Merger notification

Notification must be filed, either jointly or by the acquiring company as appropriate, prior to conclusion of the agreement establishing the concentration or prior to acquisition of control over another undertaking in any other way. The concentration notification must also contain substantiation, documents certifying the facts decisive for the concentration and the requisites set out by the implementing legal regulation. The application must be submitted in the Czech language. On 8 September 2016, the Office published Decree 294/2016 which contains a modernized version of the questionnaire used for merger notifications, followed by the 11 October 2016 Notice on requirements for concentration notifications.

The Office may exempt undertakings from the ban on implementing a concentration pending approval if suspending the operation may cause the undertakings or third parties material damage or other significant detriment.

The Office for the Protection of Competition has issued an “expository standpoint concerning obligatory notification of concentrations realized abroad”, according to which the Act applies to the actions of undertakings abroad only if they distort or may distort competition in the territory of the Czech Republic. The Office considers that if the combined market share of the undertakings concerned by a merger does not reach, either before or after the operation, a 10% threshold in any relevant market in the territory of the Czech Republic, and it is not required to notify due to other circumstances (e.g. the fact that at least two of the parties to the concentration have subsidiaries in the Czech republic), the concentration is not subject to mandatory notification.

The filing fee is set at CZK 100,000 (EUR 3,900).

The Office for the Protection of Competition is responsible for taking decisions regarding concentrations.

  Upon receipt of notification, if the Office determines that the concentration does not require approval, it issues a decision to that effect within thirty days of the initiation of proceedings. Alternatively, the Office may issue a decision within thirty days, advising the parties that it is continuing proceedings because of serious doubts as to whether the concentration poses a significant impediment to competition. If the Office fails to respond within this period, the concentration is deemed approved. Finally, the filing may be examined under the simplified procedure, which must be carried out within twenty days (Article 16a(3)). The amendment brought by the 294/2016 Act, now allows the Office to request additional information from the parties even under the simplified procedure without having to start formal phase I proceedings.

  In the event that the Office advises the parties that it is continuing the proceedings, it must issue a decision within 5 months of the initiation of proceedings. In the event that the Office fails to issue a decision on the concentration by the end of the stipulated period, the concentration is deemed to have been approved.

  The Office announces the initiation of concentration approval proceedings in the Commercial Journal upon receipt of the concentration notification, and establishes the period within which objections to the concentration may be filed.

  Restrictive agreements that are directly related and necessary to its implementation are evaluated at the same time as the merger itself.

Global Competition Law

163. Merger notification

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Les notions juridiques connexes

163. Merger notification

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise