Monday, 8 June 2026
The Czech Office for the Protection of Competition (ÚOHS) has proposed a substantial amendment to the country’s Competition Act that would significantly expand the authority’s enforcement powers and introduce new obligations for businesses and their management teams.
If approved, the reform would represent one of the most significant changes to Czech competition law in recent years, aligning the country more closely with developments seen across the European Union.
One of the most notable proposals is the introduction of a new competition tool that would allow ÚOHS to intervene in markets where competition is deemed ineffective, even when no specific breach of competition law has been identified. The authority would be able to conduct market investigations and subsequently impose corrective measures through regulatory decisions.
Such measures could include requirements to provide access to data, networks or interfaces, implement transparent and non-discriminatory standards, or modify contractual arrangements and market practices. In exceptional cases, the proposal also envisages structural remedies, including the divestment of parts of a business.
The amendment would also introduce the possibility of imposing sanctions directly on individuals involved in cartel activity. While current enforcement primarily targets companies, the new framework would allow the authority to pursue managers or other individuals who actively organise or participate in anti-competitive agreements.
The proposal further includes a leniency mechanism for individuals who cooperate with investigations, reflecting a broader focus on personal accountability within competition enforcement.
Changes are also planned for merger control. The turnover thresholds triggering mandatory merger notifications would be increased for the first time in more than two decades. The combined turnover threshold would rise from CZK 1.5 billion to CZK 2.5 billion, while the individual turnover threshold would increase from CZK 250 million to CZK 350 million.
According to ÚOHS, the higher thresholds could reduce the number of merger filings by around 30%, particularly for transactions with limited competitive impact.
At the same time, the authority would gain the ability to review certain transactions that fall below the standard notification thresholds through a new “call-in” mechanism. The measure is intended to allow scrutiny of acquisitions that may raise competition concerns despite their smaller size, particularly in innovative or strategically important sectors.
The proposed reform would also strengthen investigative powers. ÚOHS would be able to access selected datasets held by public institutions, including the Czech National Bank and the Czech Statistical Office.
In cartel investigations, the authority could also obtain certain operational and location data relating to mobile devices from telecommunications providers, subject to prior court approval. The measure is intended to improve the detection of anti-competitive conduct where direct documentary evidence is unavailable.
Although the proposal remains subject to the legislative process and may undergo further revisions, it signals a shift towards more proactive and data-driven competition enforcement in the Czech Republic.
Companies operating in concentrated markets, pursuing mergers and acquisitions, or facing competition compliance risks may need to reassess their internal procedures and governance frameworks if the reform is adopted.
Source: CMS
