Home / People / Tomáš Matĕjovský
Portrait of Tomáš Matĕjovský

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.

more less

"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. 
more less

Memberships & Roles

  • Czech Bar Association
  • ALAI Czech Republic
more less

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
more less
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.

more less

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).
more less

Memberships & Roles

  • Czech Bar Association
  • ALAI Czech Republic
more less

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
more less
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

Feed

11/01/2023
Use of Out­sourced IT per­son­nel in Cent­ral and East­ern Europe
While Europe is the most im­pacted re­gion by the on­go­ing war in Ukraine, the IT ser­vice mar­kets in Cent­ral and East­ern Europe (CEE) are ex­pec­ted to con­tin­ue to grow by nearly 6% and 7% in 2022 and 2023...
09/01/2023
Czech health min­istry drafts phar­ma­ceut­ic­als act amend­ment and sets up...
Like the rest of the Europe, the Czech Re­pub­lic has faced short­ages of cer­tain phar­ma­ceut­ic­als, in­clud­ing an­ti­bi­ot­ics and drugs for fever re­duc­tion for chil­dren in the fi­nal months of 2022. As a res­ult...
03/01/2023
Min­istry of Health in­tro­duces changes to oc­cu­pa­tion­al health checks
The Min­istry of Health has in­tro­duced im­port­ant changes con­cern­ing oc­cu­pa­tion­al health checks in the Czech Re­pub­lic. The new rules took ef­fect as of 1 Janu­ary 2023 and have re­duced bur­eau­cracy for em­ploy­ers...
03/01/2023
Czech Re­pub­lic drafts law on class ac­tions
The Czech Min­istry of Justice has just fi­nal­ised the draft act on class ac­tions, which is based on a EU Dir­ect­ive and prom­ises a faster, easi­er, more ef­fi­cient and more budget-friendly solu­tion for con­sumers...
19/12/2022
Cor­por­ate crim­in­al li­ab­il­ity in the Czech Re­pub­lic
The Czech Act on Crim­in­al Li­ab­il­ity of Leg­al En­tit­ies and Pro­ceed­ings Against Them cov­ers crim­in­al li­ab­il­ity of leg­al en­tit­ies in their own spe­cif­ic way. Cor­por­ate crim­in­al li­ab­il­ity ap­plies to nearly...
13/12/2022
Gambling laws in Slov­akia
1. Reg­u­lat­ory frame­work 1.1 Is there a Gambling Act (or equi­val­ent) in place?     Yes.Act No. 30/2019 Coll. 1.2 Is on­line gambling a reg­u­lated activ­ity? Yes. 1.3 Are there any reg­u­lat­ors? Yes. Gambling...
Comparable
01/12/2022
Czech Re­pub­lic is­sues new com­pre­hens­ive ob­lig­a­tions for con­sumer pro­tec­tion
On 16 Novem­ber 2022, the Czech Pres­id­ent signed an Amend­ment Act, which changes Act No. 89/2012 Coll., the Civil Code, as amended, and Act No. 634/1992 Coll., the Con­sumer Pro­tec­tion Act, as amended...
30/11/2022
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...
10/11/2022
EU ex­tends tem­por­ary pro­tec­tion for Ukrain­i­an refugees, Czech law pending
In re­ac­tion to the mis­sile at­tacks on Ukraine by Rus­si­an troops in Oc­to­ber 2022, there has been a dy­nam­ic change in im­mig­ra­tion laws gov­ern­ing the ar­rival and stay of Ukrain­i­an and Rus­si­an cit­izens in...
08/11/2022
Data pro­tec­tion and cy­ber­se­cur­ity laws in Czech Re­pub­lic
Data pro­tec­tion 1. Loc­al data pro­tec­tion laws and scope Act No. 110/2019 Coll., on pro­cessing of per­son­al data (here­in­after the “Data Pro­cessing Act”)Act No. 480/2004 Coll., on cer­tain In­form­a­tion...
Comparable
02/11/2022
Whis­tleblower pro­tec­tion and re­port­ing chan­nels in Czech Re­pub­lic
1. Is there a law on whis­tleblow­ing in your coun­try? There is cur­rently no law on whis­tleblow­ing in the Czech Re­pub­lic. However, a le­gis­lat­ive pro­pos­al is cur­rently in the early stages of the le­gis­lat­ive...
Comparable
25/10/2022
Czech Re­pub­lic and Slov­akia to trans­pose EU Dir­ect­ives mak­ing em­ploy­ment...
At its Oc­to­ber ses­sion, the Slov­ak par­lia­ment ap­proved amend­ments to the La­bour Code to trans­pose pro­vi­sions from European Uni­on dir­ect­ives in­to the Slov­ak law. One dir­ect­ive relates to trans­par­ent, pre­dict­able...