Marcin Kulesza

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Marcin Kulesza

Competition law, proceedings before the Polish competition authority, antitrust compliance and training

Dr Marcin Kulesza practises antitrust law and commercial law. He advises clients and leads training on compliance with competition law of corporate strategies and relations with competitors.

He evaluates commercial agreements for compliance with competition law, takes part in M&A transactions, and advises clients in proceedings before the president of the Office of Competition and Consumer Protection and the Court of Competition and Consumer Protection.

He joined Wardyński & Partners in 2004.

PhD in law, SWPS University of Social Sciences and Humanities, Warsaw (2019)

Postgraduate studies in competition law, Institute of Law Studies, Polish Academy of Sciences (2012)

International Legal English Certificate, Council of Europe C1 level (2009)

International Practice Diploma in international competition law from the International Bar Association and the College of Laws of England and Wales (2008)

Postgraduate studies in corporate law, Faculty of Law and Administration, University of Warsaw (2005)

Faculty of Law and Administration, Maria Curie-Skłodowska University, Lublin (2000)

Course on EU law, King’s College London (1999)

In 2001–2004 he worked at Sołtysiński, Kawecki & Szlęzak, advising on employment law, commercial law and court registers.

“The rights and duties of inspectors and targets during searches by the President of the Office of Competition and Consumer Protection: Commentary on the order of the Court of Competition and Consumer Protection of 22 November 2022 (case no. XVII Amz 92/22),” internetowy Kwartalnik Antymonopolowy i Regulacyjny 2023 no. 1(12)

“The digital economy, the EU, and competition,” 2021 Yearbook

“Non-competition provisions covering an entity controlling the acquirer in M&A agreements, and the European Commission’s notice and decisions on ancillary restraints,” Internetowy Kwartalnik Antymonopolowy i Regulacyjny 2020 no. 5(9)

“The paid nature of ‘free’ Facebook services: The holding in the Facebook judgment by the Administrative Court of Lazio (Rome) of 10 January 2020 (no. 261/20),” Internetowy Kwartalnik Antymonopolowy i Regulacyjny 2020 no. 4(9)

Poland: Competition Litigation 2020” (co-author),

„Poland: Competition Litigation 2019” (co-author),

“2017 amendment of the Administrative Procedure Code and fines for anti-competitive practices,” internetowy Kwartalnik Antymonopolowy i Regulacyjny, 2019 no. 2(8)

“Whistleblowers at the Polish competition authority: How does the system work?”, 2018 Yearbook

“Whistleblowers in antitrust cases: EU and Polish solutions,” Biuletyn Euro Info, no. 3(180)/2018

“Pursuing claims for violation of competition law: Implementation of Directive 2014/104/EU,” Biuletyn Euro Info, no. 5(176)/2017

“Lack of legal connection between national leniency programme and ECN model programme,” Prawo Europejskie w Praktyce, no. 3(141)/2016

Note on C-199/11, Otis NV (judgment of 6 November 2012) (claims by EU for violation of competition law), Państwo i Prawo 5/2015

Leniency: The Polish programme and the ‘semi-formal’ harmonisation in the EU by the European Competition Network,” Yearbook of Antitrust and Regulatory Studies 8/2015

Subjective scope of the concept of a managing person under the amended Competition and Consumer Protection Act,” Internetowy Kwartalnik Antymonopolowy i Regulacyjny 4/2015

Chapter on Polish law (co-author) in J. Buhart (ed.), Leniency regimes (Sweet & Maxwell/Thomson Reuters, London 2012)

Chapter on Poland (co-author) in I. Kokkoris (ed.), Competition cases from the European Union (Sweet & Maxwell, London, 1st ed. 2008, 2nd ed. 2010)

“Current developments in member states: Poland,” European Competition Journal (co-author 2008–2012, author 2013)

Overview of Polish competition law in annual editions of Getting the deal through (Law Business Research, London):

  • “Cartel regulation” (2008–2011)
  • “Merger control” (2005–2011)
  • “Vertical agreements” (2008–2011)
  • “Dominance” (2009–2011)

The Legal 500 EMEA (2021 – 2023) – Competition/antitrust