Rowan Legal
  • podesva@rowan.legal

Vilém Podešva is the partner responsible for the internal management of ROWAN LEGAL. He is one of the leading experts in the field of public procurement law and public-private partnership (PPP) projects, and also specializes in competition law.

Vilém Podešva has led legal teams in the implementation of numerous projects in the public sector – he has participated, among other things, in investment projects relating to office buildings, parking facilities, healthcare, social services and transport infrastructure, in the computerization of public administration, projects in the defense industry and relating to various services. In addition, he has implemented a number of projects in regulated sectors, particularly in connection with operating models and transformations in the water, energy, heating and waste management sectors.

In his practice, he has also represented a number of entities in competition cases (antitrust and mergers of competitors) and in the assessment of public aid in proceedings before the Office for the Protection of Competition, the Czech administrative courts and the European Commission.

Since 2006, Vilém Podešva has been a member of the Appeals Committee of the Minister for Regional Development in proceedings concerning the list of qualified suppliers. From 2012 to 2017, he was a member of the Appeals Commission of the Chairman of the Office for Public Procurement, and since December 2019 he has also been a member of the Appeals Commission of the Chairman of the Office for the Protection of Competition. Since 2016, he has also been a member of the Board of Referees of the Football Association of the Czech Republic and since 2022 a member of the Environmental Section of the Chamber of Commerce of the Czech Republic.

Represents the operator of the Heureka portal in proceedings for damages for abuse of dominant position by Google (2020-present).

Leads the legal team involved in the representation of O2 Czech Republic in proceedings conducted by the European Commission regarding the possible granting of unlawful public aid in connection with the setting of conditions for the auction of frequency bands for 5G networks (2020-present).

Represents clients operating in the electrical installation and energy construction sectors in proceedings before Czech and foreign competition authorities. Successfully represented clients EGEM and PROFI EMG in proceedings before the Office for the Protection of Competition regarding an alleged cartel agreement in a distribution system operator’s contract, where the proceedings were terminated without any sanctions or negative consequences (2018-present).

Heads the legal team involved in representing O2 Czech Republic in proceedings before the Office for the Protection of Competition regarding an alleged cartel agreement (2018-present).

Advises on the design, implementation and operation of compliance programs focused on criminal and competition law for companies belonging to a major Czech holding company comprising contractors operating primarily in the fields of design and construction in the energy sector, waste management and the production of public transport equipment (2016-present).

Provided legal advice in proceedings against a competitor abusing its dominant position in all areas of law related to competition protection, including proceedings for compensation for damages in the order of hundreds of millions of CZK to a client from the rail transport industry (2016-2019).

Advised a leading telecommunications operator on a potential abuse of dominance with a potential value of related litigation in the order of billions of CZK (2017-2019).

Participated in representation in proceedings conducted by the Office for the Protection of Competition regarding the alleged conclusion of a prohibited (cartel) agreement in the waste management sector, in which a penalty of hundreds of millions of CZK was threatened. The representation ended with the full success of the client, when the administrative proceedings were discontinued without any violation of the law being found, let alone any sanction being imposed (2016-2017).

Podešva V., Sommer L., Votrubec J., Flaškár M., Harnach J., Měkota J., Janoušek M.: Public Procurement Act – commentary. Prague, Wolters Kluwer, 2016

Lavický P. et al. Commentary to the Act on Special Procedures, Sections 323 to 331 – Proceedings on preliminary consent to conduct an investigation in competition protection matters. Prague: Wolters Kluwer ČR, a.s., 2015

ASPI Navigator Public Procurement, 2017, co-author

Podešva V., Olík M., Janoušek M., Stránský J.: Public Procurement Act, Prague: Wolters Kluwer ČR, a.s., 2011, co-author (Commentary after the amendment made by Act No. 55/2012 Coll., electronic version to ASPI)

Podešva V., Seménková D., Sommer L., Strelička J.: Overview of case law on public procurement. Prague: Wolters Kluwer ČR, a.s., 2011, co-author

Education

School: Faculty of Law, Masaryk University in Brno, 2001
Field of study: Law and legal science

School: Nottingham-Trent University, Brno International Business School, 2009
Field of study: International business LL.M.

Professional experience

Company: ROWAN LEGAL, law firm
Position:

  • Partner (01/2006–present)
  • Junior Lawyer (09/2003–12/2005)

Company: Office for the Protection of Competition
Position: Director of the Department (09/2001–08/2003)