ÚOHS chce širší kontrolu trhu a osobní odpovědnost manažerů

At a September meeting organized by the Competition Commission of the International Chamber of Commerce, the Office for the Protection of Competition confirmed its intention to continue advocating for the amendment to the Act on the Protection of Competition, which has been under discussion in the Chamber of Deputies since the second half of 2024, even after this year's elections.

The intention to revisit the amendment to the Act on the Protection of Competition in the first half of 2026 could have far-reaching consequences for companies and their managers. The proposed amendment aims to introduce a new mechanism for the retrospective review of mergers that distort competition beyond the turnover thresholds established by law, as well as a so-called call-in model, which would allow the Office to capture mergers and transactions that do not meet the turnover criteria but may raise suspicions of significant distortion to competition. This would enable the Office to request adjustments to commitments retroactively for up to six months to ensure that the merger does not distort competition, or—in extreme cases—to prohibit such a merger retroactively.

The Office should also have the authority to intervene in markets based on the results of sector inquiries if it finds that competition is persistently distorted and that the situation is unlikely to improve in the near future.

In such cases, the Office may issue general measures based on which it will be authorized to establish criteria for reporting mergers, or it may impose non-structural remedies through decisions. This approach is intended to improve conditions in the relevant market and restore the effectiveness of competition.

Additionally, personal accountability for individuals involved in cartel agreements, particularly regarding price-fixing, market allocation, or bid rigging, is to be introduced. The proposed accountability would apply only to intentional actions, not to negligent conduct. Unlike last year's proposal, the new proposal would apply only to horizontal cartel agreements, i.e., agreements between competitors at the same market level.

According to the proposal, not only direct participation in a competition offense would be penalized, but also attempts or assistance in committing such offenses. Individuals would thus face not only financial penalties of up to 10 million CZK but also disqualification from function for those entering into or participating in prohibited agreements, for up to five years.

The Office also plans to adjust the use of the leniency program for individuals—typically managers who have participated in cartel agreements. This program is intended to motivate them to provide information about cartel practices, thereby supporting the Office in uncovering prohibited cartel agreements and improving transparency in the competitive environment.

Companies are advised to pay greater attention to compliance and training for their managers. It is essential that managers are informed about their new obligations and the risks associated with personal accountability. If you would like further details, our lawyers would be happy to provide you with more detailed information.

Authors:

Jan Turek
Michal Sladký
Johanna Roháčková