Merger control, antitrust proceedings and advice

We provide legal assistance and representation for clients in administrative proceedings before the Polish competition authority and the European Commission. We have a wealth of experience in competition disputes, representing clients before the Supreme Court of Poland and the lower courts, as well as before Polish and international arbitration courts.

See also M&A

We advise clients in numerous sectors of the economy, including finance, banking, pharmaceuticals, chemicals, construction, electronics, energy, heavy industry, steel and metallurgy, media, real estate, clothing, sport, foods, and air and space technology.

We are a member of the Antitrust Alliance, a coalition of independent, specialised law firms. In cooperation with other members of the alliance, we support comprehensive services in the area of competition law at the international level, in numerous jurisdictions across Europe.

We prepare notifications of intended concentrations and represent clients in proceedings in merger control cases before the Office of Competition and Consumer Protection. To date we have obtained permits from the competition authorities to conduct over 200 concentrations involving the Polish and international markets.

We represent companies in proceedings involving horizontal and vertical arrangements. We analyse procedures applied by businesses and advise on how to most effectively avoid anti-competitive practices. We also advise on cooperation with the competition authorities.

We represent companies deciding to seek total or partial waiver of punishment for competition infractions. We prepare applications for leniency, including simplified and short-form applications.

We identify aspects of the client’s business that may entail a risk of violating competition regulations. We assist in limiting the risk of reaching, holding or abusing a dominant position on the market. We also advise on issues related to vertical arrangements (agreements and other commercial arrangements between producers, distributors and customers) or involving cartels (illegal arrangements with competitors).

We draft contracts and review agreements concluded by clients and advise them on the standard rules and procedure that should be applied in dealings with competitors, suppliers, distributors and customers. We provide specialised training for management and staff on how to identify and minimise risks associated with unlawful horizontal and vertical commercial arrangements.

We assess the client’s position on the market and develop rules that should be followed to avoid the risk of abusing a dominant position. When allegations of abuse of a dominant position are raised, we represent clients in proceedings before the competition authorities in Poland and the European Union.

We represent clients in antitrust cases before the Court of Competition and Consumer Protection, the Warsaw Court of Appeal and the Supreme Court of Poland. We advise clients and represent them in cases involving civil claims for violation of competition law.

We assist in developing and implementing internal competition compliance programmes. We conduct internal training programmes tailored to the client and the industry concerning practical issues such as how to behave when faced by a “dawn raid” by Polish or European competition authorities and how to comply with the relevant rules in dealings with competitors, customers, distributors and suppliers.

In matters concerning state aid for enterprises, we advise both government institutions and private companies. Our services include notification of state aid to EU authorities, as well as advising and representing companies in cases where state aid they have received is questioned by competitors or administrative authorities.

We prepare statements of claim and applications for preliminary injunctive relief against acts of unfair competition. We draft and review agreements related to all aspects of business connected with fair competition, and provide legal support in instances of unfair market practices. We conduct training programmes on corporate liability in the area of fair competition and consumer protection.