ÚOHS chystá zásadní změny pravidel hospodářské soutěže

The Czech Antimonopoly Office (ÚOHS) has submitted a draft amendment to the Competition Protection Act for inter-ministerial comment. The aim of the proposal is to strengthen the state’s ability to respond to situations where market competition fails over the long term, increase the preventive effect of sanctions for the most serious cartels, and modernize the rules for merger control. The proposed changes also partially address structural market problems that may exist without clearly identifiable unlawful conduct.

The biggest innovation is the so-called new competition tool for cases of long-term market failure. ÚOHS would gain the authority to conduct sector inquiries and—if it proves that competition is not functioning—issue a general measure aimed at opening the market to competition. In practice, this could involve obligations to make certain data accessible, set non-discriminatory standards, or adjust selected contractual terms that hinder market entry or competition development. The proposal also includes the possibility to order the divestiture of part of a business if necessary to restore effective competition.

Other changes concern liability for cartel agreements. In addition to sanctions against companies, individuals who concluded, organized, or participated in the cartel could also be sanctioned. At the same time, these individuals would be able to use the leniency program: with sufficient cooperation with ÚOHS, they could obtain a reduction or even a waiver of sanctions.

Significant changes are also planned in merger control. ÚOHS proposes to raise the turnover thresholds from CZK 1.5 billion to CZK 2.5 billion to reduce the number of transactions without real competitive impact that currently require administrative review. At the same time, a so-called call-in model is introduced, allowing ÚOHS to review mergers that do not meet the standard turnover thresholds but may significantly threaten competition. This mainly affects dynamic sectors such as IT, telecommunications, or pharmaceuticals, where competitive risks may be high even for sub-threshold transactions.

Companies should expect strengthened preventive and data-driven oversight and increased emphasis on early risk identification—not only for cartels but also for broader market impacts of conduct and transactions. The changes are expected to take effect from January 1, 2027, providing time for preparation, but organizations with higher competition risk should consider starting internal steps now.

Authors:

Vladimír Petráček

Matěj Šimpach