KSB prevails in administrative proceedings before the Antimonopoly Office

KSB took the view that one of the technical qualification criteria stipulated by the contracting authority pursuant to the tender gave rise to illegal indirect discrimination and, therefore, filed an application with the Office for a review of the contracting authority’s conduct.
The Office issued a decision on 28 March 2011 stating that the contracting authority had acted illegally in tendering the relevant public contract, since the relevant technical qualification criterion was not proportionate to the type, scope and complexity of the subject matter of the public contract. The Office therefore cancelled the tender.
The City of Havířov filed an appeal against the above-mentioned decision of the Office requesting that the chairman of the Office cancel such decision and either terminate the administrative proceedings or return the matter to the Office for consideration. The chairman of the Office in his decision on the appeal ruled, however, that the Office had decided the matter correctly and lawfully in the first instance proceedings and, as such, fully confirmed the decision of the Office and dismissed the contracting authority’s appeal. The decision of the chairman of the Office is final and may not be appealed.
Other articles
When too much prevention does more harm than good
At the end of 2025, the Supreme Court of the Czech Republic ruled that the preventive retention of traffic and location data under the Electronic Communications Act infringes the rights of the persons whose data is concerned.
KŠB Advises on the Establishment of FIDUROCK Retail Parks Fund SICAV
Kocián Šolc Balaštík advised Fidurock on the establishment of FIDUROCK Retail Parks Fund SICAV, an investment fund targeting qualified investors and focused on areal estate portfolio in the Czech Republic and Slovakia.
KŠB Announces Senior Appointments: Ivo Průša Named Partner; Dana Jacková, Jana Guričová and Ján Béreš Promoted to Counsel
Kocián Šolc Balaštík (KŠB) has recently made several senior appointments within its leadership team. Ivo Průša has been named Partner as of 1 January 2026, while Dana Jacková, Jana Guričová and Ján Béreš have been promoted to the position of Counsel.