Robert Pelikán

Government of the Czech Republic
Minister of Justice

Robert Pelikán graduated from the Faculty of Law of the Charles University in Prague. From 2003 until 2008 he was a Junior Associate and afterwards an Attorney, at first in the Císař, Češka, Smutný and Co. law firm, later in the Linklaters international law firm. In 2008 he co-founded and until 2014 he acted as a Partner in the Vrána & Pelikán law firm. He completed a six-month-long professional internship at the General Court of the European Union in Luxembourg. He passed the Bar exam in 2007, however after entering the public administration he had to have his practice of law suspended and he sold his share in Vrána & Pelikán. As an attorney he represented a number of major domestic and international companies, but also for example a family of a boy who was seriously injured by an escalator in the Prague subway in 2009, or the city of Karlovy Vary in a dispute with a group of companies over the ownership of the Karlovy Vary Arena, the sports and cultural center or Mr. Richard Frištenský (a son of a legendary Czech wrestler), falsely accused of attacking a municipal police officer. Robert Pelikán has always concentrated on civil and commercial law, particularly corporate, contract and competition law and dispute resolution. He has been an Associate of the Department of Civil Rights of the Faculty of Law of the Charles University since 2004 and since 2012 he also lectures and leads tutorials at the Department of Commercial Law of the Faculty of Law of the Charles University. He regularly publishes articles in professional journals, teaches and performs at professional´s conferences. He is an author of a two-part commentary on the Act on Transformations (Zákon o přeměnách obchodních společností a družstev, § 1-179 / 1. díl a §180-389 /2. díl, Leges, 2010), of a monography on the issues of legal personality (Právní subjektivita, Wolters Kluwer, 2012) and also is a co-author of commentaries on the new Civil Code (Občanský zákoník - Komentář - Svazek 1,6 V: relativní majetková práva 1. část, Wolters Kluwer, 2014). After the 2014 elections he joined the Ministry of Finance as a Director of its Legal Section and since 3 June 2014 he has been the First Deputy Minister of Justice. After the resignation of Mrs Helena Válková, Mr. Pelikán was on 12 March 2015 appointed the fifteenth Minister of Justice of the Czech Republic.

Linked authors

McDermott Will & Emery (Brussels)
European Court of Justice (Luxembourg)

Articles

106713 Bulletin

Jan Převrátil, Robert Pelikán The Czech Office for the Protection of Competition fines five participants in the cathode ray tubes cartel under national antitrust law (CRT cartel)

858

In a first-instance decision of 13 September 2010, the Czech Office for the Protection of Competition concluded that from 1998 to 2006, Samsung SDI, Chunghwa Picture Tubes, Koninklijke Philips Electronics, Technicolor, Panasonic, Toshiba and LG Electronics formed a prohibited cartel in the (...)

Jan Převrátil, Robert Pelikán The Czech Supreme Administrative Court confirms that, while a bus station does not constitute an essential facility, a discriminatory refusal of access to it amounts to an abuse of dominant position (ČSAD Liberec)

925

By its judgement of 26 April 2010, the Czech Supreme Administrative Court confirmed a previous decision of the Regional Court in Brno, upholding a decision of the Office for the Protection of Competition in the ČSAD Liberec case. In 2005, ČSAD Liberec (“ČSAD”), the operator of the bus station in (...)

Jan Převrátil, Robert Pelikán The Czech Supreme Administrative Court confirms the NCA’s decision in a leading agency case: Hard life of dominant undertakings in the Czech Republic (Sazka)

2961

By its decision of 20 November 2008, the Czech Supreme Administrative Court confirmed the decision of the Regional Court of Brno and hence the decisions of the Office for the Protection of Competition by which Sazka, the dominant Czech operator of betting games and lotteries, was found guilty (...)

Jan Převrátil, Robert Pelikán The Czech NCA circulates a draft amendment to the act on the protection of competition aimed at a harmonisation with substantive EC competition law, inclusion of specific procedural rules and launch of private enforcement

3379

In May 2008, the Czech Office for the Protection of Competition circulated a draft amendment to the Czech Act on the Protection of Competition, requesting for comments by the different authorities involved and the interested public prior to the introduction of the bill in the Parliament. The (...)

Jan Převrátil, Robert Pelikán The Czech Office for the Protection of Competition terminates proceedings on alleged anticompetititive non-compete provision without imposing any fine (CS Sport/Tipsport)

2925

Office for the Protection of Competition (Úrad pro ochranu hospodárské souteže), 8 August 2007, Ceskoslovensky Sport vs. Tipsport, nyr) On 8 August 2007, the Czech Office for the Protection of Competition terminated the proceedings in the Tipsport case, initiated in 2006, without adopting a final (...)

Jan Převrátil, Robert Pelikán A Czech Court annuls on a procedural point a decision of the NCA concerning an alleged abuse of dominant position in the industrial gases market (Linde Technoplyn)

2793

By a judgment rendered on 10 July 2007, the Regional Court in Brno annulled the first-instance and appeal decisions rendered by the Czech Office for the Protection of Competition and its President in the Linde Technoplyn case. Unfortunately for the commentators, the verdict is based solely on (...)

Jan Převrátil, Robert Pelikán The Czech Supreme Administrative Court concludes that the NCA may investigate infringements of competition law in the telecommunications sector (Ceský Mobil/Radiomobil)

3884

By a judgment rendered on 31 January 2007, the Czech Supreme Administrative Court overruled an earlier judgment by the Regional Court in Brno and stated that the Czech Office for the Protection of Competition (the “Office”) has competence to investigate into and impose sanctions for infringements (...)

Jan Převrátil, Robert Pelikán The Czech Regional Court of Brno confirms Competition Authority’s first decision directly applying EC competition law (Cesky Telecom)

2967

By a judgement of 26 September 2006, the Regional Court in Brno confirmed the decisions adopted by the Office for the Protection of Competition and (on administrative appeal) by its President in which the dominant fixed telephony operator, Èeský Telecom (“ÈTc”), was found to have infringed article (...)

Jan Převrátil, Robert Pelikán The Czech Office for the Protection of Competition imposes a record fine on the dominant wholesale gas distributor for alleged violations of Art. 82 EC (RWE Transgas)

3152

By a first-instance decision rendered on 10 August, 2006, the Office for the Protection of Competition (the “Office”) imposed a fine of CZK 370 million (EUR 13 million approx.) on RWE Transgas, the dominant supplier of natural gas to the retail distributors, for alleged abuses of its dominant (...)

Jan Převrátil, Robert Pelikán A Czech Court confirms that a regulation of a professional chamber which contains recommended minimal prices amounts to a prohibited decision by an association of undertakings, despite the fact that such regulations are expressly provided for by national legislation (CKAIT - Chartered Engineers)

2594

The Regional Court in Brno has rejected the appeal against the decision of the Office for the Protection of Competition (the “Office”) in which the latter stated that a regulation on services and fees, adopted and published by the Czech Chamber of Chartered Engineers and Technicians of the (...)

Jan Převrátil, Robert Pelikán The Czech Office for the Protection of Competition confirms the sanctions imposed on the Czech Chamber of Pharmacists for anticompetitive rules (Ceská lékárnická komora)

6681

On 14 April 2006, the President of the Office for the Protection of Competition confirmed a first-instance decision by which the Office had imposed a fine of CZK 300,000 (EUR 10,500 approx.) on the Czech Chamber of Pharmacists (Ceská lékárnická komora) for the adoption of several anticompetitive (...)

Jan Převrátil, Robert Pelikán The Czech Competition Authority states that the simultaneous announcement of new business terms on an upstream wholesale market and a downstream retail market amounts to an abuse of dominant position on the upstream market (Ceský Telecom - ADSL)

3592

By a decision on appeal rendered on 17 March, 2006, the President of the Czech Office for the Protection of Competition has confirmed a first instance decision according to which Ceský Telecom, a.s. (“CTc”), the incumbent Czech telecommunications operator, had abused of its dominant position on (...)

Jan Převrátil, Robert Pelikán The Czech Office for the Protection of Competition annuls a first-instance decision concerning an alleged discrimination by a car manufacturer of leasing companies (Skoda)

3930

By a decision on appeal rendered on 3 February, 2006, the President of the Czech Office for the Protection of Competition has annulled a first instance decision according to which ŠKODA AUTO a.s. (“Škoda”), a Czech car manufacturer belonging to the Volkswagen group, had allegedly abused of its (...)

Robert Pelikán The Czech Office for the Protection of Competition confirms the abuse of dominant position by the operator of a municipal cemetery by refusing to grant access to a funeral chapel (TSP/PSM)

3577

By a decision rendered on 13 December, 2005, the President of the Office has confirmed a first instance decision according to which Technické služby Prostejov (“TSP”), a city-owned company charged inter alia with the operation and maintenance of the municipal cemetery in the city of Prostejov, has (...)

Jan Převrátil, Robert Pelikán The Czech Office for the Protection of Competition declares that the refusal of access to a bus station to competing bus line operators does not amount to an abuse of dominant position (AS-Service)

3648

In a decision rendered on 25 November, 2005, the Czech Office for the Protection of Competition concluded that CAS-SERVICE a.s. (“CAS”), the operator of the bus station in the Southern Moravian city of Znojmo, had not abused of its dominant position on the market of services offered to bus line (...)

Robert Pelikán A Czech Regional Court confirms that the provision of the Veterinary Chamber’s professional code of conduct, which prohibits veterinary doctors from providing services to clients owing an outstanding debt to another veterinary doctor, restricts competition (Veterinary Chamber’s professional code of conduct)

2485

On 6 August 2005 the Regional Court in Brno delivered a decision whereby it affirmed an earlier decision by the Office for the Protection of Competition, in which the Office had found that the provision of the Veterinary Chamber’s professional code of conduct which prohibits veterinary doctors (...)

Robert Pelikán The Czech Competition Office applies the EC Guidelines on vertical restraints to the dominant operator of lotteries and finds it guilty of abuse of dominant position (Sazka)

6857

On 20 July 2005 the Chairman of the Office for the Protection of Competition confirmed a first-instance decision whereby Sazka (the dominant Czech operator of betting games and lotteries) had been found guilty of abusing its dominant position. At the same time, the Chairman reduced the fine (...)

Robert Pelikán The Czech Competition Authority states that refusal of access to a facility amounts to abuse of a dominant position even if the conditions of the essential facilities doctrine are not met (ČSAD Liberec)

5435

On 6 June 2005 the Czech Republic’s Office for the Protection of Competition (“the Office”) issued a decision whereby it established that a bus service and station operator in a Czech city abused its dominant position when it refused to allow a competing carrier to use its bus station for (...)

Robert Pelikán The Czech Competition office states that a contractor’s undertaking not to supply to another purchaser for better prices is an anticompetitive agreement (Èeský Telecom/Joyce - Lucent)

7883

The Office for the protection of competition of the Czech Republic confirmed on March 25, 2005 its earlier first instance decision, in which it has found that the agreements concluded by Èeský Telecom with two suppliers of ADSL modems represent a prohibited price fixing agreement as they bind the (...)

Robert Pelikán A Czech court applies the intra-enterprise doctrine and cancels a decision of the NCA condemning an undertaking for abuse of its dominant position in the oil refinery sector (Česká rafinérská)

3047

In its decision of 18 February 2005, the Regional Court in Brno quashed an earlier decision of the Office for the Protection of Competition, in which the Office found that Česká rafinérská, a.s. (the most important oil refinery in the Czech Republic) had abused its dominant position when “for about (...)

David Henry, Robert Pelikán The Hungarian Competition Authority fines T-Mobile for having misinformed consumers to the detriment of competitors on the basis of national competition provisions (T-Mobile)

4271

The Hungarian Competition Council initiated proceedings against T-Mobile in order to find out whether it had violated Article 8 paragraphs 1 and 2 of the Hungarian Competition Act and Article 7 paragraphs (2) (b) of the Hungarian Act on Business Advertising Activity, through advertising the (...)

Jan Převrátil, Robert Pelikán The Czech Constitutional Court declares that, in the period preceding the accession of the Czech Republic to the EU, the rights guaranteed by the Constitution were not infringed by the Czech competition authorities basing their interpretation of Czech competition law on the corresponding EC rules (Skoda Auto)

1327

The decision of the Ministry for Competition (the predecessor of the Czech NCA) in the Škoda Auto case, confirmed on constitutional complaint by the Constitutional Court in its judgement rendered on 29 May 1997, is one of the oldest and at the same time most controversial cases of application of (...)

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