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 a leading entity in the spirits industry, including by preparing an opinion on possible breaches of competition law by major competitors who reserved commercial space and used exclusivity clauses;
Advising a leading player in the energy industry, by developing and implementing a comprehensive antitrust compliance programme, including by designing or reviewing: distribution structures and agreements, loyalty programmes, pricing policies, discount schemes and financial support programmes, as well as guidelines for conducting business with competitors;
Advising a leading global player in the furniture accessories industry by designing or reviewing distribution structures, including agreements, customer communications, discount systems and financial support programmes;
Advising a leading entity in the Polish insurance industry on a planned notification to the President of the Office of Competition and Consumer Protection regarding the establishment of a joint venture to implement projects involving the construction of warehouse and office facilities of a small business unit type, and subsequently commercialising these facilities by leasing them;
Advising an entity which sells photovoltaic systems having a globally recognised brand on the compliance of its current and planned business model with competition law;
Advising a leading entity in the classifieds industry by reviewing its dynamic service pricing solution;
Conducting a competition law due diligence analysis of 2 years of activity of the Polish Association of the Cosmetics Industry, including its founding documents, websites, agendas and minutes of meetings of its bodies and activities; participating in meetings of its bodies, reviewing agendas and minutes of these meetings and reports on its activities and reviewing amendments to its statutory documents;
Assessing the horizontal aspects of an acquisition, possible gun-jumping concerns at the pre-closing stage, and security measures to ensure that due diligence information flows complied with competition law, including their implementation. Advising on notifying an intention of concentration control in relation to a competitor’s contemplated acquisition;
Helping a Polish company owned by a renewable energy producer and an international leader in energy trading and solar and wind power consumption to prepare a comprehensive and multidisciplinary memorandum which analysed contemplated pricing models in contracts to sell electricity to SMEs insofar as regards compliance with competition and consumer protection law;
Providing day-to-day advice to a Polish company which is a world leader in electronics manufacturing and IT services, on competition law compliance issues;
Conducting antitrust compliance training and workshops for the administrative, sales, technical and marketing employees of a Polish company which is a world leader in manufacturing electronics and IT services, including general issues and focused key areas identified by the client’s managers. Conducting a simulated “dawn raid” and preparing a post-training summary, recommendations and guidelines;
Advising on competition law compliance when developing a project involving strategic cooperation between the client (mainly active in intermodal transport) and a leading Polish rail carrier, including advice on project implementation and identifying key competition law issues in the business concept and advising on paths to reduce risk exposure;
Implementing elements of a competition law compliance programme for a Polish company, an international market leader in heating and ventilation technology, including by preparing an antitrust policy and advising on the practicalities of price monitoring in Poland;
Advising on proposed market allocation (exclusivity clauses) arising from distribution agreements concluded between a JV company and its partners under both Polish and EU competition law;
Evaluating restrictive advertising practices and advertising exclusivity clauses used by Twitch Interactive, Inc. in relation to streamers in terms of competition law (esp. abuse of a dominant position) and advising on proposed solutions.

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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.