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Amendments to the Act on the Protection of Economic Competition and the Act on Public Procurement

Amendments to the Act on the Protection of Economic Competition and the Act on Public Procurement

draft amendments

The Office for the Protection of Competition came up with draft amendments Act No. 143/2001 Coll., on the protection of economic competition a Act No. 134/2016 Coll., on public procurement, which are intended to make market surveillance more efficient and speed up the review of public procurement.

What should the main changes consist of?

  • possibility of intervention even in markets where competition has not worked for a long time, without the need to prove a classic violation of the rules,
  • introduction of liability of members of statutory bodies for participation in cartel agreements,
  • adjustment of turnover criteria for assessing mergers of competitors,
  • introduction of the so-called call-in model for reviewing even smaller transactions,
  • acceleration and efficiency of management in matters of public procurement,
  • limitation of obstructive procedures participants in the tender procedure,
  • Vetsi emphasis on digitalization and electronicization processes within the framework of public prohibitions.

What impact might the proposed amendments have?

  • more effective supervision of markets, including interventions in cases of structural dysfunction,
  • higher management responsibility for anti-competitive behavior,
  • more targeted control of mergers of competitors,
  • faster and more predictable review of public procurement,
  • overall reduction of administrative burden and acceleration of tender procedures.

You solve issues related to public procurement or competition? What impact will the proposed amendments have on your business? Let us know. We'd be happy to help.


The team of Vych & Partners, sro, law firm

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