Competition law

We advise companies from all sectors on competition law problems which can affect business operations.

We represent clients in proceedings before the Office of Competition and Consumer Protection, and in appeal proceedings, whether the client is alleged to have breached competition law or alleges that other market participants have done so.

How can we help?

Restrictive practices

Evaluating the compliance of your activities and your competitors with laws prohibiting restrictive agreements and the abuse of a dominant market position;
Preparing distribution structure and commercial contracts which comply with competition law;
Advising on the legality of commercial exchanges between entrepreneurs;
Advising companies harmed by competition law violations.

Control of concentrations

Assessing whether you must notify a planned concentration to the President of the Office of Competition and Consumer Protection or the European Commission;
Advising at the pre-notification stage, including information exchange between the entities involved in the planned concentration, on gun-jumping issues;
Verifying non-competition clauses in light of the European Commission’s guidelines on restrictions directly related and necessary to implementing a concentration;
Representing clients in concentration proceedings and appeal proceedings.

Competition law compliance programmes (antitrust compliance)

Preparing competition law compliance audits and comprehensive antitrust risk analyses for businesses and industry associations;
Developing procedures and internal documents required by competition law;
Providing training and simulated dawn raids.

Combating unfair competition

Representing clients before the ordinary courts in unfair competition cases;
Advising on initiating claims for unfair competition and in defending such allegations.

Selected projects

Antitrust compliance

Advising companies in a group operating in the waste management sector in explanatory proceedings conducted by the President of UOKiK concerning public procurement procedures for the collection and management of waste;
Advising an entity operating in the medical waste market, including the preparation of an extensive memorandum assessing the legality and effects of potential tender consortia in the area of servicing contracts on the Polish medical waste market;
Conducting training sessions and workshops on antitrust compliance for administrative, sales, technical and marketing staff as well as managers of the Polish subsidiary of one of the world’s leading electronics manufacturers and IT services providers, covering general topics and focused on key areas identified by the client’s managers. Conducting ‘dawn raid’ simulations and preparing post-training summaries, recommendations and guidelines. Ongoing advisory services for the Polish subsidiary of the said manufacturer on competition law compliance matters;
Advisory services for the client in connection with the proposed acquisition of a controlling interest in a competing operator managing paid public parking zones in Poland, encompassing a merger control memorandum on concentration risks, the design of a comprehensive pre-closing compliance framework (including a Clean Team Agreement), and bespoke advice on the permissible scope of participation of key officers of the acquirer in the due diligence and negotiation process;
Advisory services for a leading energy sector entity, including the development and implementation of a comprehensive Polish competition law compliance system (antitrust compliance programme), encompassing the design or review of: distribution structures and agreements, loyalty programmes, pricing policies, discount systems and financial support programmes, as well as guidelines for conducting business in dealings with competitors;
Assessment of advertising-restricting practices and advertising exclusivity clauses applied by Twitch Interactive, Inc. towards streamers in the context of competition law compliance (in particular abuse of dominant position) and advisory services on proposed solutions;
Preparing a comprehensive memorandum for a Polish electronics retailer in connection with a dispute with a global leader in electronic equipment manufacturing as a supplier, covering a legal and competition assessment of the supplier’s practices, including an assessment of potential abuse of dominant position and acts of unfair competition, a market analysis and analysis of market participants’ conduct, as well as preparation of recommendations and arguments capable of supporting negotiations between the parties to the dispute;
Advising a globally recognised renewable energy brand regarding compliance of contemplated business models with competition law in a rapidly evolving product and regulatory environment;
Participating in the preparation of a comprehensive and multidisciplinary memorandum – an analysis of contemplated pricing models in electricity supply contracts to SMEs, in the part concerning competition and consumer protection law compliance of the Polish subsidiary of a renewable energy producer and an international leader in energy trading and in the offtake of solar and wind energy;
Advising a leading South Korean food and biotechnology corporation, including a detailed assessment of the permissibility of the proposed market-sharing arrangements, and in particular exclusivity clauses in distribution agreements between the joint venture and its local partners, under both Polish and EU competition law;
Implementing competition law compliance programme elements for the Polish subsidiary of an international market leader in heating and ventilation technology, including, inter alia, preparation of an antitrust policy and advice on the practical aspects of price monitoring in Poland;
Advising a DAF brand dealer during a dawn raid conducted by UOKiK at its premises, including conducting an internal investigation at the request of the parent company;
Advising the Polish subsidiary of the global leader in parking and individual mobility, supporting local authorities and private entities in the implementation of innovative parking solutions, including assessment of a consortium from a competition law perspective;
Advising a leading spirits industry entity, including assessment of potential competition law infringements by major competitors through reservation of retail shelf space and application of exclusivity clauses;
Advising a leading global furniture accessories entity, including designing or reviewing distribution structures, covering agreements, customer communications, discount systems and financial support programmes;
Advising a client in the coffee sector (a private-label supplier) on the risks and legal implications under EU and Polish competition law of entering into a private-label sourcing exclusivity arrangement with its Polish customer;
Advising the client throughout the development and implementation of a project involving a strategic collaboration between the client (operating primarily in intermodal transport) and a leading Polish rail carrier, including, inter alia, identification of key competition law issues in the business concept and advice on paths aimed at reducing risk exposure;
Conducting a competition law compliance due diligence of 2 years of activity of the Polish Cosmetics Industry Association, including statutory documents, websites, agendas and minutes of governing body meetings and activity reports; participation in the meetings of the organisation’s governing bodies, and verification of amendments to statutory documents – with a view to ensuring competition law compliance;
Advising a leading international provider of innovative brand promotion and brand building solutions, including assessment of the horizontal aspects of an acquisition, possible concerns related to ‘gun jumping’ in the pre-closing phase and the development and implementation of safeguards to ensure competition law compliance of information flows during the due diligence process;
Advising the world’s leading waste management, recycling, environmental protection and secondary raw materials trading company, including analysis of the legal and competition aspects related to the introduction of a deposit return system in Poland;
Advising on M&A transaction, including analysis of numerous business restrictions identified in the target’s agreements, at the request of a Japanese electronics group planning to acquire 100% of the shares in one of the world’s leading manufacturers of electrical protection devices, whose Polish subsidiary is one of the largest electrotechnical equipment factories in Europe;
Advising a company providing specialised services to the chemical industry, purchasing components for the production of final products for business clients and cooperating with the largest entities in the sector, conducting global operations with deliveries to factories on five continents. The scope of support includes advice on commercial agreements, including from a competition law compliance perspective, and support during negotiations to eliminate the risk of infringing antitrust regulations;
Preparing model distribution and agency agreements for the operator of one of the largest online stores in Poland, specialising in the bathroom, lighting and interior design sector, delivering across Poland and to other European countries. The agreements were prepared as templates for use by the client in its ongoing operations, ensuring full compliance with both Polish law and competition law requirements in the context of e-commerce and multinational distribution;
Preparing model commission (consignment) agreement and advisory agreement for a company providing industrial clients with comprehensive specialised cleaning services for industrial infrastructure and service and repair during planned production shutdowns. Both model agreements were prepared with a clear emphasis on competition law compliance, intended for regular use in the client’s operational activities;
Advising a distributor of the full range of GE ultrasound equipment on the Polish market, including assessment of the provisions of a distribution agreement concluded with the manufacturer from a competition law perspective. The scope of analysis focused in particular on the non-compete clause and its potential impact on the company’s business development opportunities, and more broadly on the business restrictions arising from the agreement;
Representing a fuel station network operator in proceedings concerning price-fixing – questionnaires addressed by the Polish competition authority;
Advising a leading international energy group during numerous explanatory proceedings conducted by the President of the Office of Competition and Consumer Protection;
Advising a leading classifieds sector entity, including assessment of a solution involving the use of dynamic pricing for customer services from a competition law compliance perspective;
Reviewing distribution agreements used by leading globally and European-market operating medical device manufacturers (including endovascular; cardiovascular ECP/EECP Therapy devices) for a distributor of those devices from a competition law compliance perspective;
Advising and supporting a company that is a national leader in the waste management sector during a market investigation conducted by the President of the Office of Competition and Consumer Protection;
Advising the Polish subsidiary of a conglomerate focused on transforming the global mobility ecosystem, offering clients tax solutions, immigration services, remuneration and benefits consulting and workforce management, including review of numerous agreements related to the organisation of events from a competition law compliance perspective;
Assisting an international leader in the heating and ventilation technology market, among the largest entities in its sector in Europe, in reviewing and adapting the general purchasing conditions used by the group’s Polish companies to the requirements of Polish law, including competition law provisions. The project was significant for ensuring the client’s full regulatory compliance and protection against the risk of infringing competition law;
Advising an internationally active industrial company offering innovative storage systems – racking, containers, order picking and transport systems – being one of the leaders on the European market.

Show moreShow less

Merger control

Representing major global energy groups in numerous domestic and international merger control proceedings before the Polish competition authority, including notifications regarding the proposed establishment of domestic and cross-border joint ventures;
Advising PKN Orlen in merger control proceedings relating to the acquisition of Nowotna Farma Wiatrowa;
Support in merger control proceedings (Phases I and II) concerning the acquisition of Odlewnia Zawiercie – a major European manufacturer of malleable cast iron fasteners;
Advising and representing Mengtai Germany GmbH (a company active primarily in coal mining, power generation and distribution, agriculture and aluminium production) in merger control proceedings before the President of the Polish Office of Competition and Consumer Protection (UOKiK) concerning the acquisition of control over Alu Menziken Extrusion AG, based in Reinach, Switzerland;
Advising Bisar S.A. (a company specialising in business process outsourcing across various industries) in merger control proceedings before the President of UOKiK concerning the acquisition of control over Main Partners (a temporary employment agency providing process outsourcing services) and 4Specialist (a company offering process outsourcing services, conducting recruitment on behalf of other entities, and operating as a temporary employment agency);
Advising and representing CUK Ubezpieczenia (a multi-insurance agency) in merger control proceedings before the President of the Office of Competition and Consumer Protection (UOKiK) concerning the acquisition of control over Punkta, Profi and Arrant – Polish multi-insurance agencies;
Representing the company in merger control proceedings before the President of the Office of Competition and Consumer Protection (UOKiK) concerning the acquisition of Izolacja S.A. and PHP TES (Selena’s competitors in the waterproofing sector);
Advising and representing ALBA Polska (one of the leading companies in the waste management sector in Poland) in merger control proceedings before the President of UOKiK concerning the acquisition of control over the PUM Group (a direct competitor in the waste management sector);
Advising on a Polish merger control proceeding concerning the acquisition of United Packaging, where the notifying party was a joint venture established by the Thimm Group and the Saica Group. The engagement involved coordinating with both JV partners and navigating the procedural aspects of the filing on behalf of the JV entity;
Representing Polish Enterprise Funds SCA in proceedings conducted by the President of the Office of Competition and Consumer Protection (UOKiK) concerning a merger control investigation relating to the acquisition of joint control over Goodspeed;
Representing foreign investment funds and companies in merger control proceedings before the President of the Office of Competition and Consumer Protection (UOKiK) concerning the acquisition of joint control over five companies holding legal title to retail premises located in various cities across Poland, comprising space designated for a large-format store selling everyday retail goods and space leased for other types of retail and services. Advising during the second stage of the transaction (sale of the assets subject to the original transaction) and in five related merger control proceedings;
Comprehensive ongoing advisory services for a global leader and distributor of construction chemicals, and one of the world’s four largest manufacturers of polyurethane foam for the construction industry, in relation to merger control for numerous planned M&A transactions and joint ventures in the renewable energy sector;
Advising a Polish company of a Japanese group designing and manufacturing electronic equipment on the transaction involving the sale of part of the assets and the planned further cooperation with the purchaser from the perspective of merger control law and competition law;
Advisory services for a waste management company (one of three Polish companies forming part of an international group that provides comprehensive waste management services to businesses, institutions and private individuals) in connection with the establishment of a joint venture with Międzychód Municipality, aimed at building a combined heat and power plant to supply heat exclusively to residents and businesses in the Municipality, and transmitting electricity to the grid;
Advisory services for a foreign holding company on its proposed acquisition of control of a provider of integrated supply chain services to retailers and manufacturers;
Advising KOM-EKO on merger control proceedings conducted by the UOKiK President, in connection with the acquisition of Econ Trade and its subsidiary Ekopaliwa Chełm;
Advising on merger control proceedings in connection with the sale of a chain of petrol stations;
Advising a leading entity in the Polish insurance industry on a planned notification to the UOKiK President regarding the establishment of a joint venture to implement projects involving the construction of small-business-unit warehouse and office facilities, followed by the commercialisation of such facilities by leasing;
Advising on merger control proceedings concerning the sale of a fourth-generation shopping centre in Poznań;
Preparing an opinion on the obligation to notify of an intended concentration in connection with FIZAN acquiring joint control over a group of companies in the Internet marketing industry;
Advising a leading global entity in the energy industry on the obligation to notify the President of UOKiK of an intended horizontal joint venture;
Advising Kospel in Polish merger control proceedings relating to the sale of 100% of its shares to the Viessmann Group;
Advising AWBUD’s shareholders in merger control proceedings relating to the acquisition of Instal-Lublin;
Advising the Paged Group in merger control proceedings relating to the acquisition of Sklejka-Pisz;
Supporting Aflofarm on the preparation of an opinion on the obligation to notify the President of UOKiK of the intended concentration consisting in the merger of companies related by personal and capital links. Preparation of draft shareholders’ agreement;
Advising a Swiss renewable energy producer and international energy trading group on merger control matters;
Advising a metals producer and distributor on the assessment of merger notification obligations in the context of a tender procedure;
Advising Copernicus Capital TFI on the obligation to notify the intended concentration consisting in the change of the investment fund company administering a given fund;
Advising Katharsis FIZAN on the obligation to notify of an intended concentration involving the acquisition of control over a manufacturer of baby strollers and accessories;
Advising on the obligation to notify of an intended concentration regarding a planned reorganisation within the Polish structures of a global market and technology leader in the field of heating, ventilation and air conditioning technology;
Advising one of the largest construction companies in Poland on the planned acquisition of an entity within the steel construction industry;
Preparing an opinion for a leading domestic manufacturer of garden architecture on the obligation to notify of an intended concentration involving a Closed Investment Fund selling its shares to a participant, as part of a concentration understood as a change of control and transactions within a single capital group.