Services

For many years, BBH has provided its clients with expert legal advice on Czech, Slovak and European competition law, including the assessment of merger notification obligations under foreign direct investment (FDI) regulations, as well as under the EU Regulation on Foreign Subsidies Distorting the Internal Market (FSR). Our practice also covers cartel agreements and abuse of dominant market, as well as state aid and public procurement.

We assist our clients in administrative proceedings concerning these competition law aspects before the Czech and Slovak competition authorities and the European Commission, and the assessment of further competition law issues in international M&A transactions across various industries—especially the provision of financial services (banking, insurance, etc.), energy, engineering and transport. We also provide legal support during unannounced on-site inspections by national competition authorities or the European Commission (so-called ‚dawn raids‘).

Merger Control (Mergers and Acquisitions)

We provide comprehensive competition-law support in mergers and acquisitions. We assess notification obligations, structure transactions to minimize regulatory risks, prepare filings for the competition authorities, and represent clients in merger control proceedings in the Czech Republic, Slovakia and before the European Commission. When necessary, we negotiate commitments enabling transactions to proceed without distorting competition.

Administrative Proceedings and Competition Disputes

We represent clients in negotiations and administrative proceedings before the Office for the Protection of Competition, including cases concerning the abuse of dominance and prohibited agreements. We also have a wealth of experience representing clients in judicial reviews of competition authority decisions, including proceedings before the EU courts in Luxembourg.

Prevention and Competition Compliance

Working with our clients, we emphasize the prevention of even unintentional breaches of the complex competition rules. We prepare and implement competition compliance programs, conduct competition audits of existing and planned business projects and strategies, and provide practical training for management and employees. Our aim is to reduce regulatory risks in the long term and strengthen our clients’ legal certainty.

Anti-Competitive Agreements (Cartels)

We advise on prohibited agreements between competitors, including so-called ‚cartel arrangements‘ and vertical restraints. We help clients identify risky contractual and business practices, set up internal processes that are compliant with competition rules, and represent them in proceedings in which significant sanctions threaten, including high fines or exclusion from public procurement.

Abuse of Dominant Position

For clients with significant market power, we advise on structuring business and pricing strategies to be in compliance with competition law. We address issues such as pricing policy, exclusivity arrangements, access to infrastructure and predatory conduct, and represent clients in administrative and court proceedings related to alleged or actual market dominance.