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Roman Barinka

Havel, Holasek (Prague)

Lawyer (Associate)

Roman Barinka is a senior associate with Havel, Holásek & Partners (Prague). In his legal practice, he specializes in competition law and regulatory matters. In competition law, he advises on cartels, vertical agreements and abuse of dominance. In addition, he provides legal advice related to mergers and acquisitions. Roman also represents companies accused of anti-competitive conduct and advises on clients’ planned projects from a competition law perspective. He has vast industry expertise particularly from the area of Life Sciences, Retail, Hospitality and Heavy Industries. He has authored numerous articles in professional as well as business journals.

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Articles

11051 Bulletin

Roman Barinka The Czech Regional Court in Brno rules that internal guidelines of an association of undertakings containing rules on determination of prices violate the ban on cartels (Sdruzeni pohrebnictvi)

1 November 2010 291

I. Introduction On 1 November 2010, the Regional Court in Brno (hereinafter the "Regional Court") dismissed an administrative lawsuit brought by the Association of Funeral Services in the Czech Republic (in Czech: Sdruzeni pohrebnictvi v CR; hereinafter the "AFS") against the first-instance (...)

Roman Barinka The Czech Constitutional Court rules that an inspection at the business premises of a company does not require prior judicial authorization (Delta Pekarny)

26 August 2010 922

Introduction On 26 August 2010 the Czech Constitutional Court rendered a judgment whereby it rejected as manifestly ill-founded a constitutional appeal of business company Delta Pekarny (one of the largest companies on the bakery market in the Czech Republic) against the judgment of the (...)

Roman Barinka The Czech Regional Court in Brno rules that the Competition Office is under duty to return along with a refunded fine the default interest on it (Českomoravská stavební spořitelna)

2 March 2010 835

I. Introduction On 2 March 2010, the Regional Court in Brno issued a judgment holding that the Competition Office, following the annulment of its decision by an appellate court, is under the duty to repay to the undertaking previously fined not only the amount of the fine but also the default (...)

Roman Barinka The Czech Supreme Administrative Court rules that the Competition Authority was entitled to sanction a cartel activity a part of which had already been sanctioned by the EU Commission (Toshiba)

10 April 2009 1525

I. Introduction On 10 April 2009, the Supreme Administrative Court of the Czech Republic (the «SAC») overturned a judgment of the Regional Court in Brno of 25 June 2008 that had annulled a decision of the Chairman of the Office for Protection of Competition (the «Office») of 26 April 2007 whereby (...)

Roman Barinka The President of the Czech Republic signs the new Criminal Code which introduces criminal sanctions for horizontal agreements

27 January 2009 1804

Introduction On 27 January 2009, the President of the Czech Republic signed the new Criminal Code adopted by the Chamber of Deputies and approved by the Senate. The codex will enter into force on 1 January 2010 whereby it will replace the current Criminal Code, dating back to 1961. In short, (...)

Roman Barinka The Czech Supreme Administrative Court rules that a concurrent application of EU law and national law by the Competition Authority to one anticompetitive conduct does not violate the ne bis in idem principle (RWE Transgas)

31 October 2008 3067

I. Introduction On 31 October 2008 the Supreme Administrative Court of the Czech Republic quashed a judgment of the Regional Court in Brno of 22 October 2007 which had annulled a decision of the NCA whereby a fine of CZK 240 mil. (approx. EUR 8,5 mil.) had been imposed on RWE Transgas for an (...)

Roman Barinka The Czech Competition Authority publishes guidelines on alternative resolution of certain competition issues

12 February 2008 2607

I. Introduction In 2004, the first amendment to the Czech Competition Act was adopted which introduced into the national competition law a new mechanism designed for alternative resolution of certain competition disputes. By virtue of this amendment, the Office for the Protection of (...)