Category: Czech Republic

Weinhold Legal has appointed former Associate Jakub Nedoma to the position of Associate Partner.

Nedoma, who primarily specializes in M&A and IT/IP, first joined the firm in 2012 as a Paralegal. He was promoted to Junior Associate in 2014 and to Senior Associate in 2018. Between 2018 and 2019, he was a Group Senior Lawyer with the Fortuna Entertainment group before rejoining Weinhold in 2020 as a Managing Associate.

“Jakub is an outstanding professional with extensive experience in a number of key areas of legal services that our firm focuses on, particularly in M&A and IT/IP law,” said Partner Martin Lukas. “We look forward to further developing a wide range of legal services in his new position that will benefit our existing and future clients.” 

Nedelka Kubac Advokati has successfully represented Beko before the Office for the Protection of Competition regarding a fine imposed for an alleged obstruction during a dawn raid.

According to NKA, the competition office “conducted a dawn raid at Beko’s business premises and imposed a fine of CZK 13.56 million on Beko for allegedly failing to cooperate during the dawn raid. Following an appeal, the Chairman of the Office annulled the office’s initial decision on the fine in July 2024 and suspended the penalty proceedings.”

The Nedelka Kubac Advokati team included Of Counsel Jitka Linhartova and Senior Associate Jindrich Kadoun.

In a recent ruling, the Supreme Court (case no. 27 Cdo 3499/2023) decided that the delivery of a legal act by email to a statutory body of a company is effective from the moment the email reaches the recipient’s inbox, even if the recipient has not opened the email or was on vacation at the time.

The case involved a former chairman of the board who sought higher compensation for the termination of his position. He argued that the notice of his non-reappointment for another term was not delivered properly and on time, as it was sent by email while he was on vacation, when he was not obligated to check his email.

However, the court ruled that if the contract does not specify a particular form of delivery, electronic delivery is fully acceptable. The key point was that the message was delivered, which neither party disputed, to an email inbox that the recipient regularly uses, thereby providing an objective opportunity to become familiar with its content. In this case, vacation did not constitute an objective obstacle to reading the email.

This decision highlights the importance of electronic communication in today’s world and sets an important precedent for the delivery of legal acts to statutory bodies of companies. It also emphasises the need for regular monitoring of email, especially for individuals in key management positions.

By Lukas Tomanek, Junior Lawyer, JSK Law firm, PONTES

Glatzova & Co has advised Ceskoslovenska Obchodni Banka on its investment into Ownest.

According to Glatzova & Co, Ownest was founded by Martin Machala in 2022 and aims to introduce a “unique ‘rent-to-own’ home financing model to the Czech Republic.”

The Glatzova & Co team included Partner Jan Vesely and Lawyer Jan Perinka.

Glatzova & Co could not provide additional information on the matter.

Editor’s Note: After this article was published, Havel & Partners announced it advised Ownest and its investor, European Housing Services. The Havel & Partners team included Partners Petr Dohnal and Lenka Stikova Gachova, Counsel Roman Svetnicky, Managing Associate Josef Bouchal, Senior Associate Martin Rott, and Junior Associate Anna Gloserova.

At the beginning of the week, Apple introduced its latest iPhone 16, which entices customers with the integration of artificial intelligence called “Apple Intelligence.”

This AI is designed to simplify a range of daily tasks – from shortening long emails to generating custom emojis. However, while US customers can look forward to these innovations, they won’t be available in the EU anytime soon.

The reason is the Digital Markets Act (DMA), through which the European Union is pressuring tech giants like Apple to comply with European antitrust rules. According to the DMA, for example, these companies cannot limit cooperation to certain service providers only. Apple Intelligence, in its current form, works exclusively with ChatGPT, which may be in violation of the DMA rules. While the situation around AI features in the iPhone may still evolve, it is already clear that European regulations will play a key role in the future development of these technologies.

By Hana Cislerova, Associate, JSK Law firm, PONTES

It can be interesting to examine how other countries address anti-competitive agreements. The European trend is certainly moving towards penalising a broader range of cartel behaviour using new tools, rather than relying primarily on leniency applications (self-reporting) as in the past.

For example, Spain and Brazil are developing new AI tools to detect cartel agreements or even mere information exchanges. In the United Kingdom, informants are offered financial rewards of up to GBP 250,000 for providing information.

Other countries are improving technical means to examine public annual reports, marketing studies or public statements. Portugal and Spain have public databases where public institutions are required to disclose specific sales data. In the United States, former FBI agents are being involved in the process of investigating cartel agreements. And, of course, there is still a strong emphasis on cooperation between competition authorities.

As expected, the global trend is increasingly focusing on developing technical and AI capabilities to detect typically anti-competitive information exchanges, with some countries considering a single instance sufficient, rather than requiring repeated exchanges. Recently, there has also been a focus on penalising anti-competitive agreements in the labour market, which had previously been overlooked. For example, in Portugal, a notable case involves the non-poaching of “employees” within the local football league, while in Hong Kong, the most common issue is improperly negotiated non-compete clauses.

As we wrote about in a recent post, the Czech Republic is currently discussing an amendment to the Competition Act that introduces individual liability for natural persons involved in cartels, meaning that individuals, as well as companies, can be punished. Introducing or increasing individual liability is also a priority in the United States. In Spain, fines for individuals have been increased to up to EUR 400,000, while in the United Kingdom, individuals can face permanent bans from holding managerial positions in companies (with 35 such bans issued to date).

By Vladena Svobodova, Senior Associate, JSK, PONTES

Former Associate Veronika Civinova has been promoted to Partner at KLB Legal.

Civinova has been with KLB Legal since 2016 when she joined as a Lawyer. In 2023, she was promoted to Associate.

“It was clear to me that Veronika was an exceptional legal talent at the moment she sat opposite me at the interview, then in the first year of law school,” commented KLB Legal Founding Partner Vojtech Laska. “Since then, she has actually lived through the whole story of KLB Legal with us, from a small family business to the present, when we are trying to somehow organize several teams with almost 30 lawyers.”

Clifford Chance has advised a group of Czech banks, led by Ceska Sporitelna and including Ceskoslovenska Obchodni Banka and Citi, on the financing of CVC Capital Partners and EMMA Capital’s acquisition of FoxPost from Wallis Asset Management and Trueway/Finext.

The acquisition in question took place earlier in September 2024 (as reported by CEE Legal Matters on September 17, 2024).

FoxPost is a Hungarian company specializing in the delivery of online orders via a network of self-service parcel boxes.

CVC is a capital and investment manager operating in Europe, Asia, and the US, with EUR 177 billion in assets under management.

EMMA Capital, founded in 2012 by Jiri Smejc, is a private investment holding.

Wallis Asset Management is a privately held investment company in Hungary.

Trueway/Finext is a private equity firm.

The Clifford Chance team included Managing Partner Milos Felgr, Counsel Dominik Vojta, Senior Associate Hana Cekalova, and Junior Lawyers Ondrej Steco, Adam Fanta, and Lukas Ljubovic.

Clifford Chance could not provide additional information on the matter.

KPMG Legal has announced its expansion into Moravia by opening a new office in Brno.

According to the firm, the new office will be led by Viktor Dusek as Director in cooperation with Attorney Tomas Kocar.

Kocar, who, according to KPMG Legal specializes in public sector regulation, competition law, and state subsidy matters, has been with the firm since 2021. Earlier, he worked for Weinhold Legal between 2017 and 2021 and for Feichtinger Zidek Fyrbach between 2016 and 2017.

“We have been planning to open another office for more than two years as part of our long-term pro-client growth strategy,” commented KPMG Legal Partner Martin Hrdlik. “Brno was a logical choice because its open approach to new business opportunities and innovation has made it a popular location for companies with international ambitions.”

Clifford Chance has advised Finep on the sale of the Novy Opatov G1 residential rental project to REICO CS Nemovitostni.

Finep is a real estate developer with a 23-year history in the Czech real estate market. 

According to Clifford Chance, “this landmark deal marks RCSN’s first venture into the residential real estate market, diversifying its portfolio, which has traditionally focused on commercial properties. The Novy Opatov location is particularly attractive in terms of accessibility – it is located near the D1 and is also directly on the C metro. The project will feature 170 rental apartments and is set to commence construction in September, with completion expected in 2.5 years.”

Earlier in 2024, Clifford Chance advised Finep on the disposal of the Nova Elektra project (as reported by CEE Legal Matters on June 27, 2024) and, in 2023, the firm advised on Finep’s sale of the Harfa Project expansion (as reported by CEE Legal Matters on December 20, 2023).

The Clifford Chance team included Counsel Milan Rakosnik and Senior Associate Josef Lysonek.

Clifford Chance was unable to provide further information on the deal.