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Lenka Krutáková

Senior Associate
CMS Czech Republic

Contact
CMS Cameron McKenna Nabarro Olswang, advokáti, v.o.s.
Palladium, Na Poříčí 1079/3a
110 00 Prague 1
Czech Republic
Languages Czech, English, Slovak

Lenka Krutakova is the Head of the CMS Competition Practice and a key member of the public procurement team in the Czech Republic. She specialises in advising contracting authorities, suppliers and banks on the Czech Public Procurement Act and PPP projects, and deals with various competition law issues. Lenka has substantial expertise in infrastructure and broader projects in various sectors across CEE. Lenka also advises Czech and international companies on sector-specific regulatory issues with a particular focus on highly regulated industries such as in the life sciences & healthcare sectors.

In the field of competition and compliance, Lenka represents numerous multinational clients before the competition authority in merger control and abuse of a dominant position proceedings. In addition, she advises on distribution and cooperation agreements, leniency, and provides dawn raid support. Lenka regularly delivers staff training and tailor-made lectures on public procurement, competition and other regulatory topics.

Lenka has garnered notable recognition in the legal sphere, being listed among the TOP 100 Women in Czech Legal Business 2024 for her expertise in Competition & Public Procurement. Additionally, her contributions to the field of Projects and PPP have earned her acknowledgment as a rising star by Legal 500 2024. Furthermore, Lenka's influence extends to academia, as she serves as a co-author of the commentary to the Czech Public Procurement Act (2024) and lectures on public procurement law at the Faculty of Law, Charles University.

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Relevant experience

  • T-Systems International GmbH (Deutsche Telekom Group) with a consortium partner in a public tender for the development and operation of an Electronic Toll System in the Czech Republic launched by the Czech Ministry of Transport.
  • A leading global car manufacturer on competition law aspects related to exclusivity concerning a long-term cooperation agreement on advertisement communications in the automotive industry.
  • A German producer of immobiliser coils, concerning an investigation by the Czech Competition Protection Office regarding vertical agreements, loyalty rebates and the obligation of exclusive supplies.
  • A global IT company on its participation in public tenders in the Czech Republic. 
  • A global engineering company on an exchange of information with a Czech competitor.
  • A major global pharmaceutical company in an investigation by the Czech Competition Protection Office regarding a potential abuse of a dominant position.
  • A leading pharmaceutical company on various competition law issues and public tenders regarding the direct-to-pharmacies distribution system.
  • Thermo Fisher on various public tenders on supplies of their products to several contracting authorities including reviewing the contracts.
  • Metal Trade Comax on various merger clearance issues regarding its acquisition of Oetinger Aluminium from Orlando Funds.
  • Moll Group on various merger clearance issues regarding its acquisition of ŽPSV.
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Memberships & Roles

  • 2008 – Admitted to the Czech Bar 
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Education

  • 2006 – PhDr., Faculty of Social Sciences, Journalism, Charles University, Prague
  • 2004 – Mgr., Faculty of Social Sciences, Journalism, Charles University, Prague
  • 2002 – Mgr., Faculty of Law, Masaryk University, Brno 
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12/05/2022
10 key aspects of the revised EU competition law in the field of distribution...
The new Vertical Block Exemption Regulation (VBER) and the new accompanying Vertical Guidelines (VGL) were published on 10 May 2022. The new VBER will enter into force on 1 June 2022 and apply for the next twelve years. The new VBER/VGL introduce sev
04/06/2020
CEE Merger Clearance Matrix
Cross border M&A transactions that require merger control approvals in several jurisdictions have become commonplace. To reduce time delays and keep costs down, it is essential to identify at the early...
18/11/2019
CMS Public Procurement Toolbox of Remedies
Public procurement is the largest single global marketplace, accounting for around one-fifth of worldwide GDP. In this increasingly international marketplace, companies need to have confidence that public...

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27/03/2024
New antitrust tools in the Czech Republic – the Antimonopoly Office requests...
At the request of the Czech Government, the Antimonopoly Office (the Office) has prepared a proposal for potential legislative changes. These changes are designed to enhance the Office's effectiveness...
02/02/2024
Navigating Competition Compliance: The Czech Competition Authority outlines...
The Czech Office for Competition Protection (ÚOHS) has issued a new notice on competition compliance programmes effective from 1 January 2024. The notice sets out the conditions under which a compliance...
13/10/2023
CMS Expert Guide: Right Bidding vs Bid Rigging in Czech Republic
1. Which legislation regulates: (i) the bidding process; and (ii) bid rigging in your country? Please provide brief details. The bidding process is regulated by Act No. 134/2016 Coll., on Public Procurement...
Comparable
22/06/2023
New Amendment to the Public Procurement Act – what's ahead in the Czech...
Procurement procedures begun in the Czech Republic after 16 July 2023 will be governed by new legislation. This is the tenth amendment to the current Public Procurement Act; however, for the first time...
13/06/2023
A cartel might not just be about prices, but also about employees
Prohibited anticompetitive agreements do not necessarily have to be just cartel agreements on product pricing or market sharing. Employers can also enter into agreements with each other to prevent their...
14/02/2023
The Czech Competition Protection Office has published guidelines on clarifying...
The Competition Protection Office (the Office) has published guidelines on the application of Section 46 of the Public Procurement Act (the PPA) regarding its current decision-making methods. This provision...
26/08/2022
Public procurement regulation in the Czech Republic
July 2021 1. Where can one find public procurement notifications for the Czech Republic? Journal of Public Con­tracts (Věst­ník veřejných zakázek) administered by the Ministry for Regional Development...
09/09/2021
CEE Merger Clearance Matrix 2021
Cross border M&A transactions that require merger control approvals in several jurisdictions have become commonplace. To reduce time delays and keep costs down, it is essential to identify at the early...
20/08/2020
Antitrust law and legislation in the Czech Republic during Covid-19
1. Introduction The ongoing Corona crisis poses a number of problems – including legal ones – for busi-nesses in all countries. The new market challenges may require cooperation between compa-nies...
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03/06/2020
CJEU Case law Webinar
If you are interested in CJEU case law related to public procurement matters, you may find it worth your while to attend the webinar that will cover the three most interesting decisions of 2019. Bernt...
10/04/2020
Impact of COVID-19 on Public Procurement
The COVID-19 crisis is having a serious impact on the economy and businesses. In these circumstances, public procurement can be of even greater importance than usual and various questions arise, such...
02/04/2020
Czech procurement rules waived for COVID-19 emergency medical supplies
In light of the state of emergency in the Czech Republic declared on 12 March 2020, the Office for the Protection of Competition of the Czech Republic issued a statement that procurement rules can be...