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Tomáš Matĕjovský

Partner
Head of Commercial, Regulatory and Disputes

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

Tomáš Matĕjovský is a partner and the Head of the Commercial, Regulatory and Disputes practice at CMS Prague.

He focuses on litigation and arbitration, compliance matters and white collar crime, and on commercial law, including employment, IP and competition. As part of his practice he represents clients in various types of litigations and arbitration proceedings at all levels, such as commercial, unfair competition and damage claim disputes before regional courts, Superior Courts, the Supreme Court, and the Constitutional Court and various arbitration bodies.

Tomáš also advises Czech and international companies on sector specific regulatory issues with particular focus on highly regulated industries such as the life sciences & healthcare, technology, media and communications sectors. His clients include major multinationals in these sectors.

In addition, he also supports clients on negotiating complex commercial agreements and advises on investments and investment incentives schemes in the CEE region.

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"Great knowledge of the legal system and excellent communication skills."

Chambers

Relevant experience

  • The Austrian and Slovak subsidiaries of Siemens in a major cross-border dispute over alleged pre-tender contractual liabilities linked to an important bidding process for railway security equipment.
  • Eastern Sugar in the Czech Republic in a EUR 41m claim against the Czech Republic.
  • Ministry of Agriculture concerning a wrongful allocation of its sugar quota and related significant ECHR claim against the Czech Republic.
  • Ministry of Finance of the Czech Republic in a significant arbitration valued at EUR 78.8m against a shareholder of a major Czech coal producer relating to a possible breach of a privatisation agreement by which the state's share was sold.
  • Global technology company and its insurers in a major multimillion euro damage claims regarding delivery and use of faulty electrical devices that caused a fire in one of the Prague’s main shopping gallery and office space in the centre of town, therefore representing a major health and safety risk.
  • A major telecommunications operator on the first stand-alone competition dispute with a competitor regarding margin squeeze in respect to providing of and access to broadband xDSL internet.
  • Diageo on the Czech regulation of food products and beverages, including labelling and packaging advice and distribution arrangements advice.
  • A leading biopharmaceutical company on all matters, including advising on employment law and lifesciences sector specific regulatory matters.
  • A global software company on several cyber-squatting and domain name matters and disputes as well as on trademark infringement issues, including oppositions against trademark applications.
  • A global IT company on several criminal investigations in relation to alleged bribery and corruption issues.
  • Worldwide medical devices producer on several compliance and anti-corruption investigations and relating matters. 
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Memberships & Roles

  • Czech Bar Association
  • ALAI Czech Republic
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Education

  • 1999 - International Law and State Administration Course, Ecole National d'Administration, Paris, France
  • 1998 - European Law, History and French Course, Universite de Perpignan, Perpignan, France
  • 1997 - Law Degree, Charles University, Prague
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Life Sciences & Healthcare

Tomáš Matĕjovský is a partner and the CEE Head of the Lifesciences & Healthcare sector group as well as Head of the Commercial, Regulatory and Disputes practice at CMS Prague.

He focuses on litigation and arbitration, compliance matters and white collar crime, and on commercial law, including employment, IP and competition. As part of his practice he represents clients in various types of litigations and arbitration proceedings at all levels, such as commercial, unfair competition and damage claim disputes before regional courts, Superior Courts, the Supreme Court, and the Constitutional Court and various arbitration bodies.

Tomáš advises various medical devices and pharmaceutical companies on various issues, including sector-specific regulatory matters, clinical trial problems and anti-corruption issues, as well as general commercial advice regarding company start-ups, distribution agreements and general day-to-day advice. He also advises on sector-specific regulatory issues in various due diligence processes.

In addition, he also supports clients on negotiating complex commercial agreements and advises on investments and investment incentives schemes in the CEE region.

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Relevant experience

  • A global pharmaceutical company | on regulatory data and patent protection against generics entry in the Czech Republic.
  • An original drug manufacturer | on regulatory data protection in the Czech Republic.
  • A French biopharmaceutical company | on its entry to the Czech market as well as on specific regulatory matters, including marketing authorisations relating to their pharmaceutical products, intellectual property rights with regards to trademarks, distribution in the Czech Republic, the establishment of distribution businesses in the Czech Republic and in Slovakia. This has included advising on structuring of the most efficient distribution models for both countries.
  • A global pharmaceutical corporation | on an internal investigation related to potential misconduct of their former Czech managing director, who was accused of unjustified preferential treatment, bossing some other employees and uneconomical conduct to the detriment of the company. We did a thorough audit of mailboxes of certain employees, conducted interviews with some of the employees and assisted the internal investigators of the corporation with some other tasks (review of accounting documents etc.).
  • A French biopharmaceutical company | on several proceedings against the Czech State Institute for Pharmaceuticals Control.
  • Various pharmaceutical companies | on various issues concerning public procurement issues in relation to public tenders, due diligence in public tender contracts, their participation in public tenders or their representation in administrative proceedings.
  • A pharmaceutical company | on distribution models (DTP), parallel trade issues as well as public procurement in the Czech Republic.
  • A global manufacturer of medical devices | providing ongoing legal advice to, pharmaceutical and consumer packaged goods on commercial law matters, including distribution systems and strategies, rebates as well as abuse of dominance.
  • A global medical products and technologies company | on pricing and reimbursement
  • A multinational biopharmaceutical company | in respect of its liability in the course of clinical trials of pharmaceuticals.
  • A multinational pharmaceutical company | in respect of a liability claim concerning defective medicinal product (vaccine).
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Memberships & Roles

  • Czech Bar Association
  • ALAI Czech Republic
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Education

  • 1999 - International Law and State Administration Course, Ecole National d'Administration, Paris, France
  • 1998 - European Law, History and French Course, Universite de Perpignan, Perpignan, France
  • 1997 - Law Degree, Charles University, Prague
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17/09/2021
Vac­cine com­pens­a­tion re­gimes in Czech Re­pub­lic
1. Are COV­ID-19 vac­cin­a­tions ob­lig­at­ory in your jur­is­dic­tion? Are you ex­pect­ing any le­gis­lat­ive changes to en­able man­dat­ory vac­cines for all or cer­tain people (e.g. health­care pro­fes­sion­als, pub­lic ser­vants...
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14/09/2021
Le­gis­lat­ive frame­works to com­bat il­li­cit trade in med­ic­al products in the...
1. What le­gis­lat­ive frame­work is there to com­bat il­li­cit trad­ing and oth­er il­leg­al activ­it­ies in coun­ter­feited/fals­i­fied/di­ver­ted medi­cines in your jur­is­dic­tion? There are three gen­er­al le­gis­lat­ive frame­works...
Comparable
13/09/2021
Can vac­cin­a­tion be a con­di­tion for work­place ac­cess in the Czech Re­pub­lic?
As sum­mer hol­i­days end and em­ploy­ees re­turn to of­fices and work­places, the Czech Re­pub­lic is again fa­cing an in­crease in COV­ID-19 cases. As a res­ult, em­ploy­ers are at­tempt­ing to pre­vent the spread of...
31/08/2021
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...
16/08/2021
Data pro­tec­tion and se­cur­ity
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30/07/2021
Plastics and pack­aging laws in Czech Re­pub­lic
1. What is the gen­er­al le­gis­lat­ive frame­work reg­u­lat­ing pack­aging and plastic waste in your jur­is­dic­tion? The gen­er­al le­gis­lat­ive frame­work in the Czech Re­pub­lic con­sists in par­tic­u­lar of Act No. 477/2001...
Comparable
29/07/2021
In­ter­na­tion­al ar­bit­ra­tion law and rules in the Czech Re­pub­lic
There are three ar­bit­ra­tion courts with their stat­ute de­term­ined by dis­tinct law in the Czech Re­pub­lic. The Prague Ar­bit­ra­tion Court is the coun­try’s only in­sti­tu­tion­al ar­bit­ra­tion court of­fer­ing grounds...
13/07/2021
The Fu­ture is Now: The New World of Work in the Czech Re­pub­lic
As a res­ult of the COV­ID-19 pan­dem­ic and meas­ures put in place in re­sponse, coun­tries around the world – in­clud­ing the Czech Re­pub­lic – have ad­op­ted new in­nov­a­tions in the area of em­ploy­ment in a...
29/06/2021
Home work­ing - Miss­ing reg­u­la­tion en­tails risks for em­ploy­ers
The COV­ID-19 pan­dem­ic has re­vealed one of the ma­jor de­fi­cien­cies in Czech em­ploy­ment le­gis­la­tion: the al­most non-ex­ist­ent reg­u­la­tion of home work­ing. Due to this ab­sence in le­gis­la­tion, em­ploy­ees work­ing...
08/06/2021
Trade secrets in Czech Re­pub­lic
Gen­er­al 1. Has the Dir­ect­ive (EU) 2016/943 of the European Par­lia­ment and of the Coun­cil of 8 June 2016 on the pro­tec­tion of un­dis­closed know-how and busi­ness in­form­a­tion (trade secrets) against their...
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CMS Net­work Shar­ing 4.5
On the brink of a new gen­er­a­tion
21/05/2021
The CEE guide to crim­in­al li­ab­il­ity of cor­por­ate en­tit­ies
The concept of cor­por­ate crim­in­al li­ab­il­ity has de­veloped and per­meated in­to the leg­al re­gimes of coun­tries around the world, wheth­er as a res­ult of their ob­lig­a­tions to im­ple­ment the OECD’s 1997 con­ven­tion...