Nedelka Kubáč advokáti successful before Czech Supreme Administrative Court in important merger control case

10.3.2015

Nedelka Kubáč advokáti law firm (NKA) was successful together with the Czech Competition Authority with its cassation plea before the Czech Supreme Administrative Court against the judgment of the Regional Court in Brno in a merger control case concerning the Opatovice power plant. In its judgment, the Regional Court in Brno came to the surprising conclusion that third parties who are not parties to the merger control proceedings, but who in the course of the proceedings submitted objections against the merger to the Czech Competition Authority, subsequently have the right regarding settlement of their objections to appeal the Authority’s merger control decision first before the Authority and then by an action before a court. This judgment caused significant practical problems for the Czech Competition Authority and slowed down the rate at which approved transactions were closed. The Supreme Administrative Court then overturned the judgment of the Regional Court in Brno, stating that while third parties may submit objections against a merger in order to give the Competition Authority information that is significant for its assessment, they do not have the right to subsequently appeal the decision approving the merger.
© Nedelka Kubáč advokáti s.r.o.