Competition Law
Team of BBH lawyers provided legal support to ŠKODA HOLDING a.s. on competition aspects of the acquisition of Pars nova a.s. by ŠKODA HOLDING a.s. As a part of complex advisory services BBH in particular carried on market analysis in the area of production and maintenance of railvehicles, determined relevant markets for the concentration and drafted parts of the anti-trust consent application related to the market and dealing with the market consequences of the concentration.
Public Procurement and Competition Law:
BBH has gained a prominent reputation in the area of public procurement law through its comprehensive approach to the participants, including the successful representation of them at the Office for the Protection of Competition. We would like to mention the following clients who were represented by BBH or to whom BBH has rendered its services in connection with public procurement law: ŠKODA TRANSPORTATION s.r.o., Wotan Invest, a.s., BDO IT a.s., IMPROMAT CZ spol. s r.o., Siemens AG Österreich and many more.
We would like to mention particularly the following references:
Ministry of Internal Affairs. BBH was approached by the Ministry of Internal Affairs to provide extensive and complex legal services in connection with a project for the purchase of data and fixed voice communication infrastructure services for the whole Czech Republic public sector (governmental, municipal and district organizations). The estimated volume of the project amounts to approx. 410 mil. EUR. in total over the next 4 years.
Ministry of Internal Affairs. BBH cooperated in the provision of complex legal services for the Ministry of Internal Affairs in connection with the preparation of the contractual conditions and legal counseling toward the realization of the contractual proceedings with the Public Commission, the subsequent activities of the Client, as the Commissioner, in relation to the realization of the contractual proceedings and other legal services with procurement of licenses for Microsoft products for use in public administration. The aggre gate value of the Public Commission project named “Conclusion of a general contract for the procurement of licenses for of Microsoft products”, no. VZ 60023690, for which realization BBH provided comprehensive legal services, is 8.5 – 11 billion CZK over the next five years.
Ministry of Internal Affairs. BBH provided legal advice on the implementation of the procurement procedures for the establishment of the contractual conditions for the project ”Provision of services supporting the process modeling agendas of the public administration, which should be paid from the budget of the Czech Republic and EU Structural Funds - Operational Program Human Resources and Employment”. BBH advice included legal support throughout the procurement procedure, including the preparation of the tender documents (including commercial terms), the client's decision as sponsor and the drafting of the contract award documents. The estimated value of the contracts for the projectis 169 million CZK with VAT.
Ministry of Internal Affairs. BBH provided legal advice on the implementation of the procurement procedures for the establishment of the contract to operate an information system data box under Act No. 300/2008 Coll., The acts and authorized electronic document conversion, as amended, at a legal aid in the procurement procedure implemented form of negotiated procedure without publication, including the development of all of the documentation such as the notification and requests for proposal and modifications of the final contract, counsel on the entering into of this contract and the preparation of other documents related to the procurement management and ensuring compliance with the disclosure obligations of the client (preparing the notice of award,written reports, etc.). The value of this procurement is estimated to be in the order of one hundred million Czech crowns.
Ministry of Internal Affairs. BBH provided legal services focused mainly on the control of procurement operations and the client development of ad hocclient-awarded contractual implementation procedures for public procurement named ”Population Register“ (implementation of an information system), which will be paid from the budget of the CR and EU structural funds. The estimated value of the procurement is 378,151,260 CZK without VAT.
Ministry of Internal Affairs. BBH provides legal advice, in particular, in relation to the control of procurement operations and the client development of ad hoc opinions contracted in connection with the implementation of procurement procedures in the implementation of the public procurement to ”register the rights and obligations“ (implementation of information system), which will be paid from the budget of the CR and EU structural funds. The estimated value of the procurement is 433,697,479 CZK without VAT.
In connection with our M&A and general commercial law practice, BBH has been engaged by its clients on numerous occasions to provide them with advice in the field of competition law. In this area BBH has extensive experience not only in providing its clients with legal advice and opinions as to the specific questions related to competition law, but also with addressing competition law matters in contractual documentation, as well as representing clients in respective competition law proceedings.
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