Antitrust and competition law

What we do?

Polish Antitrust Law

• represent and assist in inspections, audits and searches performed by Polish Competition Authority (UOKiK)
• perform risk assessments and evaluate projects (measures) to determine compliance with the Polish Antitrust Law
• perform audits and identify risks of infringement of Polish antitrust regulations
• provide clients with recommendations and design alternative solutions
• design defense strategies for antitrust infringements
• advise as to penalty mitigation measures
• represent in leniency procedures
• represent and negotiate terms of obligation decision of Polish Competition Authority (UOKiK)

Cartels and anti-competitive agreements

• advise and design antitrust sensitive clauses in the agreements
• advise regarding price fixing or price formulas
• advise regarding exclusivity, non-compete, franchise, distribution etc.
• evaluate contractual clauses to determine compliance with cartel regulations
• evaluate practices incl. concerted practices vs. parallel behaviors
• appraise applicability of exemption of vertical and horizontal restrains
• represent in cartel/anticompetitive agreement procedures
• represent before UOKiK in penalty cases for cartels/anticompetitive agreements
• we represent in judicial review of UOKiK penalty decision

Abuse of dominant position in Poland

• assist in determining relevant market and market position
• day to day advisory to dominant companies in their operations
• evaluate whether practices may be qualified as abuse of dominant position
• assess likelihood of benefiting from safe harbor exemptions
• represent in abuse of dominant position procedures
• represent before UOKiK in penalty cases for abuse of dominant position
• represent before Competition Court (SOKiK) in judicial review of penalty decision

Breach of consumer collective interest

• evaluation of contracts, T&C and practices with regards to consumers rights
• representation in procedures regarding breach of consumer collective interests
• appeals against UOKiK penalty decision
• more in section consumer law practice

Polish Competition Law

• advisory regarding various aspects and previsions of Polish competition law
• drafting legal options regarding competition law
• providing evaluations of new legislative initiatives regarding competition law to Polish Authorities and European Commission

Excessive payment delays / backlogs

• advise as to payment terms regulations in Poland
• verification of payment clauses in agreements and T&C
• verifications and audits of payment practices in Poland
• advise as to reporting obligations related to payment terms
• advisory and representation in payment terms inspections and audits
• representation before UOKiK in penalty case for payment excessive delays
• representation before Competition Court in appeals against fines

Unfair use of contractual advantage

• advisory to food and agriculture industry regarding competition law
• advisory as to unfair use of contractual advantage in trade with food products
• evaluation of contractual terms between food market players
• evaluation of practices between food market players
• evaluation of payment terms, price formulas, discount and bonus formulas
• designing food trade related contacts and sensitive clauses
• representation before competition authority regarding contractual advantage
• representation before competition court regarding penalties for unfair use of contactual advantage

Merger Control in Poland

• advisory regarding merger control regulation in Poland
• submitting merger control applications to UOKiK and EC
• notification of exterritorial mergers to Polish Merger Authority
• transaction structuring for merger clearance purposes in Poland
• advisory as to merger notification thresholds in Poland
• advisory as to threshold calculation rules, e.g. turnovers, capital group composition
• evaluation of merger reporting obligation exemption aplicability
• representation in merger control procedures
• merger phase 2 representation before Competition Authority in Poland
• appeals against Polish Merger Authority decision to SOKiK (Competition Court)

Unfair Competition in Poland

• advisory regarding protection against products counterfeiting
• advisory regarding protection against trademark infringements
• advisory regarding protection against trade secrets and confidentiality infringements
• advisory regarding protection of good name, reputation, incl. representation in slander cases

• undertaking judicial actions against unfair competition practices:
  • filing lawsuit and representation in claims for damages
  • applications for interim orders and freezing orders
  • request for cease and desist orders
  • filing claims for apology or rectification

• advisory regarding various unfair competition practices, incl. but not limited to:
  • breach of a trade secrets and confidentiality
  • breach of trademark and trade name
  • misleading designation of producer/company
  • false or fraudulent indication of the geographical origin
  • misleading designation of goods or services
  • organizing avalanche sales system
  • fraudulent enticing of employees and customers
  • inducing to terminate or fail to perform the contract
  • imitation of products
  • slander
  • obstructing market access
  • bribery
  • unfair, unethical or prohibited advertising
  • misleading and unfair comparative advertising