Services – Competition and Consumer Protection

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Merger control, fair competition, consumer protection

We provide legal advice and represent clients in administrative proceedings before the president of the Office of Competition and Consumer Protection (UOKiK) and the European Commission. We have extensive litigation experience including representation of clients before the common courts and the Supreme Court of Poland. We provide legal support for clients in their current business operations.

We advise clients across numerous sectors of the economy: finance, new technologies, energy, foods, retail chains, media, real estate, apparel, automotive, construction materials, and heavy industry.

We are a member of the Antitrust Alliance, a coalition of specialised independent law firms. In cooperation with other member firms, we can deliver comprehensive services in the area of competition and consumer protection on an international level in most jurisdictions in Europe.

We prepare notifications of intended concentrations and represent clients in merger control proceedings before the president of UOKiK and the European Commission. We coordinate the process of simultaneous antitrust notifications in multiple jurisdictions.

We have been advising clients in merger control cases since the 1990s. We have extensive experience in M&A-related matters and in contacts and negotiations with the competition authority. We have conducted over a thousand analyses of the duty to notify intended concentrations in varied and sometimes complicated transactions, both domestic and foreign. We have obtained approval from the president of UOKiK to carry out over 300 concentrations, including in such sectors as energy, finance, pharmaceuticals, chemicals, paper production and distribution, construction, real estate, aviation, steel manufacturing, food production and distribution, cosmetics production and distribution, hotel services, office rentals, media, advertising, publishing, insurance, retail and wholesale trade, automotive, rail products, fertilizers, animal feeds, and many others.

We represent undertakings in proceedings before the president of UOKiK and the European Commission in every aspect of competition law. We have experience representing managers facing allegations by the competition authority.

We advise on potential cooperation with the antitrust authorities (leniency and voluntary submission to punishment).

In the event of allegations of abuse of a dominant position, we represent clients in proceedings before the competent authorities in Poland and the EU.

We have extensive experience in unannounced inspections and searches by UOKiK. We assist clients during inspections by the competition authority, evaluate evidence gathered during inspections, and represent businesses and managers in post-inspection proceedings by UOKiK.

We continue our support to clients during antitrust proceedings in subsequent proceedings before the common courts and the Supreme Court of Poland.

We analyse our clients’ business operations and strive to provide them practical, reasonable advice so they can achieve their business aims in compliance with the law. This covers such areas as pricing policy, relations between suppliers and distributors, distribution systems (including selective distribution), exchange of information, cooperation between competitors, and evaluation of new business models.

We draft and review contracts, assess existing contracts with clients, and advise them on the rules that should be applied in dealings with competitors, suppliers, distributors and customers. We conduct specialised training for managers and staff on identifying and mitigating risks associated with illegal horizontal and vertical commercial agreements and abuse of a dominant position.

We evaluate our clients’ position on the market and develop rules to follow when the client holds a dominant position.

We assist in developing and implementing programmes for compliance with competition law. We conduct audits of antitrust risks and internal investigations to identify risks. We prepare and conduct training tailored to the client and the industry on practical issues such as rules for dealings with suppliers, customers and competitors, rules for distribution, and how to proceed in the event of an unannounced inspection and search (dawn raid) by the competition authority.

We conduct internal audits to determine whether the actions of our clients’ staff comply with competition law. One such case involved interviews with over a hundred employees.

We represent plaintiffs and defendants in litigation seeking damages for infringement of competition law. We cooperate with foreign law firms in cases involving Polish and international businesses pending in other jurisdictions.

We draft statements of claim and applications for interim relief in cases involving unfair competition. We draft and review contracts involving all aspects of commercial operations connected with fair competition, as well as assist clients in cases of unfair market practices. We conduct training on corporate liability for unfair competition.

We represent undertakings before UOKiK and the courts in cases involving protection of the collective interests of consumers. We advise on abusive clauses, practices potentially infringing the collective interests of consumers, and all legal requirements governing relations between businesses and consumers.