When I was deciding on law school, I had a feeling I was going to miss something. I also enjoyed science and mathematics, and at grammar school I studied in a class focused on programming. So I added a degree in economics to my law degree. Subjects that repelled others, such as statistics and economic and mathematical methods, I really enjoyed. After school, competition law was a logical choice for me, but during my short stint at the Office for the Protection of Competition, I also “sniffed” at public procurement. Today, with hindsight, I feel that it all came together quite nicely. Competition law itself is halfway between law and economics. My knowledge of public procurement gives me a good understanding of bid-rigging agreements. Well, and programming? That's there too, only instead of using “if then else”, you use the terms hypothesis, disposal, sanction.
ivo.simecek@havelpartners.czArticles by the author
Beware of dissatisfied employees: how to avoid unannounced inspections by competition authorities
In October the Regional Court in Brno (Court) issued another judgment in which it reviewed the legality of an unannounced on-site inspection by the Office for the Protection of Competition (Office). This is the first time the Court has ruled on an inspection concerning a no-poach agreement between e
When the power is with you # VI: What impact does the amendment to the SMPA have on the provision of discounts and promotions?
The full effectiveness of the amendment to the Act on Significant Market Power and Unfair Commercial Practices (SMPA) is just a few days away. That is why we are here with the sixth and final part of the SMPA miniseries, in which we will touch upon further questions related to contracting under the
When the power is with you #V: Serving the SMPA
Whether you are a supplier or a buyer, you will certainly be happy if your goods sell well with end customers. And only few activities help this more than the correctly set marketing support. Particularly at the retail level, it is common for advertising or promotions to be arranged by the buyers, b
When the power is with you #IV: Thirty is enough – the payment period after the amendment of the SMPA
There are 30 days left until the end of the year at the time of publishing this article. Thirty days is the payment period that buyers with significant market power should apply in their contracts with the affected suppliers of food and agricultural products from 1 January. And not only on paper. We
When the power is with you #III: Do you have a written contract with your supplier? And could we see it?
Have you run out of flowers at your hotel or a particular food item on the shelf at your local shop? Are you missing an agricultural commodity that you need to process your own products? For the ordinary buyer, there is nothing easier than to dial the supplier’s phone number. However, if you are a
When the power is with you #II: Won't you also be affected by the new obligations resulting from the amendment to the SMPA?
When the former version of the SMPA was in force, virtually only the operators of food retail chains had significant market power. The amendment to the SMPA, which takes full effect on January 1, 2024, has substantially broadened the scope of companies affected and the group of products subject to t
When the power is with you #I: An important part of the SMPA is about to come into effect
Autumn has only just arrived, but shopping centres are already starting to put on their Christmas outfits. As quickly as the end of the year, an important part of the 2022 amendment to the Act on Significant Market Power and Unfair Commercial Practices (SMPA) is coming into force. So, it is really h
The amendment of the Czech Competition Act in a nutshell IV: When breaking the rules really doesn't pay...
In the fourth and final episode of the "Amendment of the Czech Competition Act in a Nutshell" series, we focus on what the proceedings before the competition authority often end up being, i.e. sanctions and their form. In the previous episodes, we have dealt with novelties based more on the initiati
The amendment of the Czech Competition Act in a nutshell III: Variations on Hamlet
In the third episode of the series "Amendment of the Czech Competition Act in a Nutshell", we focus on the new tools that an undertaking can use to mitigate the effects of a fining decision. Given the change in the fine calculation methodology that came with the new 2018 Notice on the imposition of
The amendment of the Czech Competition Act in a nutshell II: How to make the work of the Czech Competition Authority easier...
The investigation of anticompetitive conduct is a demanding and complex discipline, often requiring extensive examination of the functioning of the markets concerned and the interactions between market participants. Securing evidence can be complicated. It can also be time-consuming to analyse. But
Contributed to articles
The amendment of the Czech Competition Act in a nutshell I: Are you sure no one is listening?
On Friday, 14 July 2023, the long-awaited amendment to the Czech Competition Act (CCA) was published in the Collection of Laws. Its main objective is to implement the ECN+ Directive (which is intended to strengthen the position of competition authorities). However, the Czech legislator used this to
Sector inquiry demystified: What does experience tell us?
Recently, we have heard an unusual amount of public discussion about the need for the Competition Authority to intervene and provide remedies. This is particularly true in the context of rising food prices and attempts to point to particular culprits. Politicians and various experts make statements