- We represented a leading DIY chain in four antitrust proceedings and subsequent court proceedings (including the Supreme Court of Poland) in which the client was the first in Poland to obtain a penalty reduction under the leniency procedure—one of five cases considered to be the most important in the 30-year history of UOKiK.
- We represented a payment system operator in antitrust proceedings and litigation on setting by banks of interchange fees paid by merchants for payment card transactions—another of the five cases considered to be the most important in UOKiK’s 30-year history.
- We represented a bank before the Supreme Court and the court of appeal in a case concerning the setting by banks of interchange fees paid by merchants for payment card transactions.
- We represented a cement producer in proceedings before UOKiK and the courts concerning collusion on the cement market—another of the five cases considered the most important in UOKiK’s 30-year history.
- We represent a former CEO of one of the companies subject to UOKiK and judicial appeal proceedings for alleged price-fixing on the Warsaw heating market—one of the five cases considered the most important in the 30-year history of UOKiK.
- We represent a leading waste management company in proceedings before the Court of Competition and Consumer Protection Court (and previously UOKiK) appealing against a decision in which UOKiK found a consortium agreement to constitute collusive bidding.
- We represented a sports equipment distributor in UOKiK proceedings relating to resale pricing and obtained discontinuance of the case.
- We advised a leading toy manufacturer on the redesign of its distribution system.
- We advised a home furnishings manufacturer on the redesign of its distribution system.
- We advised the owner of a hypermarket chain and wholesale chain on the process of building a purchasing platform, including consultation of the project with UOKiK.
- We advised an electronics manufacturer on the introduction of a European selective distribution system and information exchange system, and represented it during a dawn raid by UOKiK.
- We advised an international sportswear and equipment manufacturer on building a selective distribution system, including criteria for selecting distributors.
- We advised an advertising company on antitrust aspects of forming a consortium.
- We have represented and supported clients from a wide range of industries during UOKiK inspections and searches (including a leading professional publisher, a DIY chain, construction products manufacturers, an energy company, and an electronics manufacturer).
- In UOKiK investigations of suspected price-fixing, we have represented clients such as:
- A glass manufacturer
- An agro-processing company
- A building materials manufacturer in an UOKiK investigation of suspected price-fixing
- A food manufacturer.
- We represented a waste company in an UOKiK investigation of suspected bid-rigging.
- We prepared and carried out a simulation of an unannounced inspection by the antitrust authority (mock dawn raid) for an entity operating in the liquid fuels market.
- We represented a publishing company during a dawn raid by UOKiK.
- We advised a telecoms operator on a case concerning exchange of information between competitors and failure to cooperate during a dawn raid by UOKiK.
- We supported a film manufacturer and an electronics manufacturer in mock dawn raids by the European Commission and UOKiK, conducted by another law firm.
- We conducted a series of training courses for DIY chains on inspections and searches, as well as broader aspects of antitrust law, unfair competition law and procedural rules related to product safety.
- We conducted a series of training courses for a building materials manufacturer on antitrust law, with an emphasis on price agreements, market sharing, information exchange, and dawn raids by UOKiK, and also prepared and implemented procedures in the event of an UOKiK inspection.
- We conducted a comprehensive audit of management activities for an aggregates producer, including examination of e-mail correspondence with counterparties and analysis of commercial contracts for compliance with competition law, followed by a report and post-audit recommendations and training on competition compliance.
- We prepared and conducted a series of training courses for a food manufacturer covering vertical agreements (particularly price agreements, market sharing agreements and exclusivity clauses), horizontal agreements, activities in industry associations, and exchange of information with competitors.
- We prepared and conducted antitrust training for a chemical company tailored to the client’s business and the responsibilities of the trainees, including individual sessions with management board members.
- We conducted annual training courses on competition law, particularly on information exchange with competitors and cooperation with distributors, for an international manufacturer of automotive components.
- We conducted an audit of a leading FMCG supplier over several months, including interviews with more than one hundred employees and analysis of voluminous documents and e-mail correspondence for compliance with competition law.
- We obtained unconditional approval from UOKiK for the acquisition by LyondellBasell, a global leader in the plastics industry, of control over its European competitor the Italian group Mepol (2023).
- We obtained unconditional approval from UOKiK for a leading European fertiliser manufacturer, Nouryon, to acquire control of a Polish competitor (2022).
- We received unconditional approval for acquisition of control of the Tesco retail chain by Salling Group, owner of the Netto chain (2021).
- We obtained unconditional approval for Seco Tools (Sandvik Group) to acquire control of a Polish competitor, Fabryka Narzędzi Fanar SA (2021).
- We participated in a multi-jurisdictional project concerning notifications to the European Commission of the acquisition by Mayr-Melnhof Cartonboard International of control of IP Kwidzyn SA and Kotkamills OY (2021).
- We received unconditional approval for the formation of a joint venture by Hyundai Glovis Co. and BLG Auto Terminal Bremerhaven GmbH & Co. KG for operations in the port of Bremerhaven (2021).
- We obtained unconditional approval for H+H to acquire a competitor (Silikaty Group) in the second phase of antitrust proceedings including study of the market (2017).
- We advised on the acquisition by outdoor advertising company Ströer Polska of its competitor News Outdoor Poland, obtaining unconditional clearance for the concentration (2010).
- We obtained unconditional approval for acquisition of the Polish drug and active substance manufacturer Polpharma by Hungarian drug manufacturer Gedeon Richter (2008).
- We negotiated a conditional decision with UOKiK on CRH’s acquisition of control over Schwenk Group companies in Poland operating in the concrete market, then prepared an unprecedented appeal against UOKiK’s decision to the Court of Competition and Consumer Protection challenging the definition of the relevant market (2007).
- We obtained unconditional approval for Tesco to acquire control of the LeaderPrice discount chain (2006).
- We have prepared concentration notifications in privatisation processes and coordinated proceedings before domestic and foreign competition authorities (including the European Commission), for example in the privatisation of the steel sector in Poland (acquisition of Polskie Huty Stali, 2003–2004).
- We secured unconditional approval for Kingfisher to acquire control of the Castorama chain of big-box DIY stores (2002).
We have analysed the obligation to notify for FDI oversight the acquisition of enterprises (or control of enterprises) from markets such as:
- Fertiliser production and sale
- Courier services and parcel lockers
- Industrial fireproof products
- Metallurgy (production and distribution of steel mill products)
- Installation products
- IT services, software, etc
- Casinos
- Rail transport services
- Computer game development
- Petrochemicals
- Film and packaging
- Property and construction project management
- Medical devices
- Manufacturing of juice machines, tanks and other equipment
- Auto parts
- Media and advertising.
- We represented a building materials manufacturer as a defendant in several lawsuits involving civil claims for alleged collusion, obtaining dismissal of the suits.
- We represent a multinational automotive group in connection with claims by Polish customers concerning a truck cartel found by a decision of the European Commission.
- We represent a building material manufacturer in civil claims arising out of a decision of the president of UOKiK finding an agreement restricting competition.
- We represent a manufacturer of building materials in civil claims of restricting access to the market.
- We prepared a lawsuit and applications for interim relief against a competitor for a postal operator in relation to potential claims of unfair competition.
- We prepared a lawsuit and applications for interim relief against a competitor for a major food manufacturer in relation to potential claims of unfair competition.
- We represented a leading food and chemical manufacturer in an unfair competition case.
- We advised a leading steelmaker on preventive measures against actions by competitors bearing the hallmarks of unfair competition.
- We represented a tourism company in an unfair competition case involving theft of trade secrets and a database.
- We represent a beverage manufacturer in an unfair competition case involving non- competition in the manufacture of private label products.
- We represented a retail chain in numerous proceedings concerning slotting fees.
- We represent clients in negotiations with counterparties with regard to allegations of unfair competition.
- We have represented clients in investigations of suspected infringements of the collective interests of consumers involving:
- Allegedly misleading presentation of sale prices and product characteristics
- Solicitation of consumer opinions
- Default settings for functionalities of software products
- Formation and exercise of guarantee rights
- Online sale of medical products and services
- Telemedicine
- Practical implementation of distance contracts
- Reporting of product prices under the Omnibus Directive
- Presentation of consumer opinions
- Alleged greenwashing
- Allegedly misleading advertising.
- We have represented banks in proceedings before UOKiK concerning:
- Use of a “durable medium”
- Charging of interest on loans using the LIBOR rate
- Technical and administrative fees.
- We represented two financial institutions before UOKiK in proceedings concerning violation of the collective interests of consumers relating to the reimbursement of commissions in the event of early repayment of consumer credit.
- We have advised financial institutions and represented them in numerous proceedings before the president of UOKiK regarding allegedly abusive clauses and infringement of collective consumer interests.
- We have prepared comprehensive assessments of the abusiveness of contractual templates used by banks, insurers, leasing companies and brokerages as part of due diligence in M&A transactions.
- We have advised on interest caps and statutory limits on consumer credit costs.
- We have advised a number of banks on regulatory issues, including competition and consumer protection.
- We have advised many e-commerce clients on the terms and conditions for their online stores.
- We have adapted contractual forms to comply with consumer law for clients in a range of industries, such as retail, foods, healthcare, banking, insurance, brokerage services, telecommunications, car rental, leasing of real estate, and mobile applications for Android and iOS.
- For a large international retail chain, we drafted documentation for contracts with agri-food suppliers.
- We advise an international retailer on legal requirements for conclusion and termination of contracts for agri-food supply.
- We advised a leading food producer on compliance of its pricing policy with the Act on Combatting Unfair Exploitation of Contractual Advantage in the Trade of Agricultural and Food Products.
- In proceedings before UOKiK concerning payment gridlock, we have represented:
- A leading auto parts manufacturer
- A large international retailer.
- We have analysed the practices of clients from industries such as foods, IT, machinery manufacturing, fertiliser production and sales, and industrial automation regarding payments to contractors and informational obligations under the Payment Gridlock Act.
- We have represented clients in proceedings before UOKiK concerning the safety of:
- Electronic products
- Automotive accessories
- Children’s products
- Fast-moving consumer goods.