Antitrust and competition law

Long experience in application of competition antitrust law in Poland and strong academic background mean that our guidance and advisory is practical and designed to mitigate risks.
Michał Dudkowiak
Contact our expert
Write an inquiry: [email protected]

Since 1992 our Polish Law Firm has well-established experience in legal counseling in the area of Polish competition law and Polish antitrust law. We connect experience, practical approach and academic background of our leading attorneys.

Distinguished competition Law Firm

We are annual listed in competition law rankings led specialist legal magazines (e.g. Legal500, The Lawyers Global etc.). Over the years the competition law practice was distinguished with number of awards for competition, antitrust and merger projects and achievements. List of awards and distinctions may be found below.

Team of competition law experts 

Competition practice is led by Managing Partner Michał Dudkowiak, high profile cases are supported by antitrust expert Prof. Eryk Kosiński, while banking and finance clients are embraced by special care of Piotr Putyra.

Except for competition and antirust experts the practice consists of over ten multidisciplinary lawyers devoted to advisory world leading corporations from various market sectors, incl. but not limited to, banking & payment services, insurance, food, aviation, transport, energy, international trade etc.

Attorneys for antitrust high profile cases

List of case studies and noble cases were we represented our clients may be found below. We advised in spotlight cases regarding: anticompetitive price fixing in food industry, cartel in fitness industry in Poland, infringement of consumer interest in banking, credit card products, in trade with gold commodities, etc.

Competition guidebooks and trainings

We designed tens competition compliance programs for various industries, trained hundreds of employees regarding good practices in competition and antitrust law. We regularly prepare and update dawn raid procedures for particular exposed sectors. Our antitrust attorneys are authors of Merger Control Guide in Poland.

Antitrust / competition law offices in Warsaw and Kraków

We provide antitrust and competition legal services all around Poland thought all five offices, and in particular in Warsaw and Kraków.

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

They trusted us

Contact our antitrust attorneys in Poland:

DKP Legal Michał Dudkowiak
Contact our expert
Write an inquiry: [email protected]
DKP Legal Michał Puk
Contact our expert
Write an inquiry: [email protected]

Related news

Contact us

Młyńska 16
61-730 Poznań
+48 61 853 56 48[email protected]
Rondo ONZ 1
00-124 Warsaw
+48 22 300 16 74[email protected]
Swobodna 1
50-088 Wrocław
+48 61 853 56 48[email protected]
Opolska 110
31-355 Kraków
+48 61 853 56 48[email protected]
Jana Sobieskiego 2/3
65-071 Zielona Góra
+48 61 853 56 48[email protected]