Informační list ÚOHS: Významná tržní síla v roce 2026

The Office for the Protection of Competition has published an information sheet summarizing the current interpretation and application practice of the law on significant market power following the major transposition amendment effective from January 1, 2023. The document responds to the development of EU legislation, the increasing cross-border dimension of business relationships, and practical issues arising from the Office's control and decision-making activities.

The aim of the information sheet is to provide businesses and the professional community with a comprehensive overview of the key institutions of the law on significant market power and their interpretation in 2026. The Office particularly emphasizes the concept of significant market power as a relative concept that is always assessed in relation to a specific supplier, and the fact that coersion is no longer a material characteristic of unfair commercial practices.

The Office further addresses cross-border cooperation in enforcing unfair commercial practices in the agricultural and food sectors and summarizes the proposal for a new EU regulation on cross-border cooperation, aimed at strengthening the enforceability of rules and legal certainty for participants in cross-border business relationships.

Additional chapters focus on the substantive scope of the law on significant market power, particularly the interpretation of the terms agricultural products and food products and their connection to Annex I of the TFEU and the combined customs nomenclature. The Office emphasizes a fact that we consistently point out to our clients, namely that products not explicitly listed in Annex I of the TFEU may also be subject to regulation if they meet the legal conditions. The information sheet provides several practical examples to help businesses correctly assess whether the law applies to specific products.

Separate attention is given to payment deadlines and the institution of value sharing. The general 30-day payment deadline for the sale of agricultural products or food products can be extended in exceptional cases, but only if the legal conditions are met and based on a written, sufficiently specific agreement concluded before the commencement of deliveries.

The information sheet also addresses the digitalization of contractual processes and services related to sales, including marketing and promotional activities. The Office emphasizes the necessity of a clear distinction between marketing services and discounts on goods, as well as the requirement for transparent contractual arrangements.

In conclusion, the Office states that a supplier's consent to a buyer's actions with significant market power, which fulfill the formal characteristics of unfair commercial practices, does not exclude their illegality. Compliance with the law on significant market power continues to represent a key element of compliance for businesses in the agricultural and food supply chain.

Authors:

Jan Turek

Johanna Roháčková