Competition law
Competition law can significantly restrict entrepreneurs’ operations. It prohibits anti-competitive agreements and abuses of a dominant market position. Competition law also needs to be taken into account during any merger and acquisition transactions.
High financial penalties, up to 10% of an company’s turnover, mean that compliance with competition law is an extremely important aspect of risk management. Such risk can be effectively decreased by implementing proper antitrust compliance programmes which review and monitor a company’s compliance with competition law.
We advise clients from all sectors on a wide range of competition law issues. We represent clients in proceedings before the Competition and Consumer Protection Office, in court appeals and proceedings initiated against them by other traders.
How we can help?
Our advice on competition law includes:
- reviewing the planned/implemented actions of our clients and their competitors to asses compatibility with rules on anti-competitive
- agreements and abuses of dominant market positions;
- reviewing and improving distribution structures and trade contracts;
- assessing the legality of information exchanges between entrepreneurs;
- initiating infringement claims against competitors, using new legal instruments created by the Antitrust Damages Act of 21st April 2017.
As regards the law of mergers and concentrations, our advice includes:
- assessing the duty to report any planned concentrations to the President of the Competition and Consumers Protection Office or to the European Commission;
- advising at the prenotification stage, including on information exchange between the entities involved in the planned concentration, gun jumping matters, as well as reviewing non-compete clauses in a view of the European Commission guidelines on restrictions directly related and necessary to concentrations;
- gathering information from the entities involved and preparing the necessary documentation;
- representing clients in concentration and appeal proceedings.
Our competition law compliance programmes (antitrust compliance) include:
- auditing competition law compliance;
- developing suitable internal documentation to ensure compliance;
- conducting dedicated trainings and dawn raid simulations.
Combatting unfair competition:
- we represent clients in unfair competition litigation before the common courts;
- we advise on whether on whether it is necessary to file merger notifications to the President of the Office for Competition and Consumer Protection;
- we advise on the initiation of competition-related claims and on how best to defend such claims.
Our experience in advising on various aspects of competition law includes:
Representing the largest energy sector capital groups on concentration proceedings at both national and international levels (including exterritorial).
Assessing the possibility of infringements of competition law through the reservation of retail space and the application of exclusive clauses by the main competitors of the client - leading entity in spirits industry.
Developing and implementing a comprehensive competition law compliance programme for a leading entity in the energy sector. This included designing and assessing distribution and direct sales structures (including agreements, client communications etc.) We designed and assessed loyalty programmes, pricing policies, discount systems and financial support programmes. We also created guidelines concerning business relations with competitors, branches and associations.
Designing and assessing distribution structures on behalf of a leading global entity in the furniture accessories market, including agreements, client communications, discount systems and financial support programmes.
Representing foreign investment funds and companies in concentration proceeding before the President of the Competition and Consumers Protection Office involving the acquisition of joint control over five companies holding titles to commercial facilities located in various Polish cities, consisting of areas operated by Tesco (Polska) designated for a large area store retailing daily consumer goods and areas leased for other types of retail sales and services.
Advising a leading insurance company in Poland in connection with the planned notification to the President of the Competition and Consumers Protection Office of creation a joint venture for projects involving the construction and commercialization of warehouse and office buildings (small business unit).
Representing TOP-THIMM Opakowania - a full-function joint venture company of SAICA Group and Thimm Group in concentration proceeding involving acquisition of control over other entity active in a corrugated packaging market.
Advising an entity active in the sales industry of photovoltaic systems with a globally recognizable brand, as regards the compatibility of the current and planned business model with competition law.
Assessing the solution of using dynamic price lists of services by the client - a leading entity in the field of classifieds in terms of compliance with competition law.
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