Competition law and economics

Competition law and economics

Key contacts

Robert Neruda
Partner
robert.neruda@havelpartners.cz

Petr Kadlec
Partner
petr.kadlec@havelpartners.cz

Lenka Štiková Gachová
Partner
lenka.gachova@havelpartners.cz

Our lawyers and economists understand the complexity of the issues faced by undertakings in the competitive environment. We are prepared to assist clients in finding solutions that are safe and, at the same time, as non-restrictive as possible. We are aware that competition authorities apply competition law using a more economic approach; we accommodate our advice accordingly.

Competition Law

The team of our dedicated competition specialists is one of the largest, most experienced and fastest growing in the Czech Republic and Slovakia, comprising more than 20 lawyers and economists. We know how competition authorities think: Our expert team includes a former vice-chairman of the Czech Office for the Protection of Competition (the “Office”), a former long-term director of the executive department of the Office, a former chief economist of the Office and of the Slovak Antimonopoly Office, and a former senior lawyer of the European Commission’s Directorate-General for Competition.

We advise clients on matters relating to merger controls in the Czech and Slovak Republics and in proceedings before the European Commission. We also advise clients that enjoy a dominant market position and give recommendations on contractual and other relationships among businesses with potential competition implications. We have also advised our clients on proceedings before the General Court in Luxembourg.

Together with our clients, we are well aware of the importance of prevention of unintentional breach of competition rules. We prepare and advise on the implementation of competition and antitrust compliance programmes and also carry out competition due diligence of both existing and planned business projects and strategies.

The scope of our services relating to competition law includes:

  • Representing clients before the respective competition authorities
  • Advisory on current or planned business policy (competition due diligence and reviews)
  • The design, implementation and due diligence of competition compliance programmes
  • Advisory on the specifics of proceedings before competition authorities
  • Personalised workshops
  • Representing clients in actions for damages incurred through anticompetitive practices

in the following areas:

  • Cartel issues
  • Vertical agreements
  • Joint ventures
  • Dominant position
  • Concentration of undertakings
  • State aid
  • Abuse of market power

Competition Economics

The combination of high quality legal and economic advice in one package provides our clients with the most efficient manner in which how to tackle complex antitrust and regulatory challenges.

Many legal, regulatory and strategic issues contain important underlying economic principles. Understanding of economic fundamentals is often a key to resolving such issues. We use economic theory, underpinned by quantitative methods to assist companies, regulators and lawyers to elucidate the complex questions emerging in legal, regulatory and strategic context.

We offer objective and approachable advice based on economic arguments in a number of competencies.

  • competition law and policy
  • regulation
  • commercial disputes – damage claims
  • business strategy and valuation

Competition law and policy

Competition law  is based on economics. Competition authorities, regulators and companies follow the implications of economic theory – their teams comprise both lawyers as well as economists. We provide our clients with economic arguments underpinned by quantitative evidence, both stemming from established case law and following state of art theory to support them to make the right business decision or to defend them in an antitrust investigation.

Regulation

A regulation has an impact on the decisions of businesses in telco, energy, transport and many other areas. It is important for companies to understand and comply with the regulatory environment in a way which allows maximizing their profitability and growth. In the same vein, regulators need to understand how to devise and implement the policy to meet their objectives.

Commercial disputes – damage claims

Disputes often comprise complex economic issues. Economic analysis and financial modelling are the key instruments with which to tackle them. Insight into the assessment of profits, prices and asset values allows for the estimation of economic losses, which is the focal point of any commercial dispute.

Business strategy and valuation

We help our clients to understand market dynamics and outcomes to which a strategic decision is likely to lead. Understanding the competition in the market is the key element to devise an optimal pricing structure. We provide insight into how your customers and competitors react to changes in strategic variables such as price, investment and innovation.

Press releases

HAVEL & PARTNERS is the largest Czech law firm and the fifth largest law firm on the Slovak market. Once again, it was ranked as the largest law firm in IP and Competition law
In the TOP 10 largest law firms ranking, which is compiled by the SME daily and The Slovak Spectato… read more »

In the Law firm of the Year competition HAVEL & PARTNERS won the main award for International Law Firm, the Best Client Service Award, and also won the Competition category
In the 10th annual Law Firm of the Year 2022 competition, the largest Czech-Slovak law firm HAV… read more »

HAVEL & PARTNERS is the largest Czech law firm and the fifth largest law firm on the Slovak market. It is the largest law firm in the field of Intellectual Property law and Competition law
In the TOP 10 largest law firms ranking, which is compiled by the daily SME and The Slovak Spec… read more »

HAVEL & PARTNERS is the exclusive contributor for the Czech Republic and Slovakia in the Distribution Law Center project
An expert team from HAVEL & PARTNERS has been involved in the Distribution Law Center (DLC) int… read more »

HAVEL & PARTNERS leading competition law experts, including Robert Neruda, have contacted the management of the Czech competition authority with proposals for dealing with the impacts of the coronavirus crisis on businesses
Czech competition law experts Robert Neruda, Martin Nedelka and Pavel Dejl have written an open let… read more »

HAVEL & PARTNERS to receive the top competition law rating from the prestigious UK agency Global Competition Review for the third year in a row
Law firm HAVEL & PARTNERS (until 31 December 2017 bearing the name of Havel, Holásek &&nbs… read more »

Significant Matters

HAVEL & PARTNERS advised Slovenská pošta in an investigation by the AMO
The Slovak Antimonopoly Office imposed commitments on Slovenská pošta. This conclusion means that a… read more »

HAVEL & PARTNERS advised to ORLEN Unipetrol on the successful approval of the concentration of ORLEN Unipetrol and OLIVA group
HAVEL & PARTNERS provided comprehensive competition law advice to refining and petrochemica… read more »

HAVEL & PARTNERS was the legal advisor to T-Mobile in the successful closing of the European Commission proceedings concerning mobile network sharing in the Czech Republic
HAVEL & PARTNERS, in cooperation with the Brussels office of US law firm Jones Day, provided co… read more »

Publications and newsletters

Selective distribution
What? One of the common types of distribution agreements are selective distribution agreemen… read more »

Dual Distribution: Information exchange
What? Dual distribution occurs where a supplier sells goods or services both directly and th… read more »

Dual distribution: Market share threshold
What? Dual distribution occurs where a supplier sells goods or services both directly and th… read more »

Dudal Distribution: Extension of exception to wholesalers and importers
What? Dual distribution occurs where a supplier sells goods or services both directly and th… read more »

Active sales restrictions: Rolling over Prohibition
What? Classic notions in the world of vertical agreements are those of “active sales” and “p… read more »

“Vertical” in the spotlight: Active sales restrictions – Parallel imposition requirement
What? Classic notions in the world of vertical agreements are those of “active sales” and “passi… read more »

“Vertical” in the spotlight: Active sales restrictions – Exclusivity condition
What? Classic notions in the world of vertical agreements are those of “active sales” and “passi… read more »

“Vertical” in the spotlight: Hardcore restrictions – Equivalence
What? Online sales restrictions are under close scrutiny from the European Commission and nation… read more »

“Vertical” in the spotlight: Hardcore restrictions – Dual pricing
What? When a supplier or manufacturer charges different wholesale prices for the same product de… read more »

“Vertical” in the spotlight: Hardcore restrictions – Resale price maintenance
What? Certain types of vertical restraints are particularly likely to hinder competition and h… read more »

Hardcore restrictions general
What? Vertical agreements often contain a vast number of provisions, regulating different as… read more »

“Vertical” in the spotlight: Non-compete restrictions (post term)
What? Suppliers often provide commercial know-how to their distributors which they would not wan… read more »

“Vertical” in the spotlight: Non-compete restrictions
What? Distribution agreements often contain non-compete clauses. They impose restrictions on a d… read more »

Agency ("dual role" agents)
What? Over the past few years, a trend has been noticeable toward a commercial strategy combinin… read more »

Agency (definition and temporary transfer of ownership)
What? In the previous countdown it was highlighted that EU competition law applies a particu… read more »

Agency (Legal Test)
What? The particular nature of agency agreements triggers the application of a specific comp… read more »

Overview of distribution systems
What? Before diving into the individual restrictions of competition that typically appear in… read more »

European competition rules relating to distribution, agency and supply agreements about to change
commencement of DLC COUNTDOWN NEWSLETTERS getting ready for 1 june 2022 What? No busin… read more »

Czech Republic to start FDI screening from 1 May 2021
Autoři: Robert Neruda, Roman Světnický, Martin Rott A new regulation sets up a sy… read more »

The European Commission has prolonged and amended the Temporary Framework for state aid measures in the context of the COVID-19 outbreak
Authors: Petr Kadlec, Jakub Kocmánek On 13 October 2020, the European Commission published the f… read more »

The European Commission amended the Temporary Framework for State Aid in connection with COVID-19
Authors: Petr Kadlec, Jakub Kocmánek On 3 April 2020, the European Commission amended its Commun… read more »

Protection against excessive prices during a state of emergency
Authors: Petr Kadlec, Štěpán Štarha The coronavirus pandemic has led to a steep increase in dema… read more »

EU Commission’s Temporary Framework for State aid measures in relation to COVID-19
Authors: Petr Kadlec, Jakub Kocmánek On 19 March 2020, the EU Commission published the communic… read more »

European Commission changed its preliminary view on the inspection in Slovak rail company ZSSK and closed the infringement proceedings
Authors: Robert Neruda, Juraj Steinecker, Tomáš Varšo On 25 September 2018, the European Com… read more »

Does the Directive on Unfair Trading Practices Change Anything?
Authors: Robert Neruda, Ivo Šimeček, Martin Rott The Directive on unfair trading practices in bu… read more »

Czech NCA: Fines revisited
Author: Robert Neruda In late April, the Czech NCA, the Office for the Protection of Competi… read more »

Articles and Interviews

Amendment to act on register of public sector partners
A large amendment to Act No. 315/2016 Coll., on the Register of Public Sector Partners and on Amend… read more »

Does the Directive on Unfair Trading Practices Change Anything?
The Directive on unfair trading practices in business-to-business relationships in the agricultural… read more »

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