We represent businesses in proceedings before the president of the Office of Competition and Consumer Protection (UOKiK) and the European Commission, as well as before Polish and EU courts.
Our support focuses, in particular, on matters involving anti-competitive agreements, abuse of a dominant position, merger control, unfair exploitation of contractual advantage, payment gridlocks, state aid, public procurement law and combating unfair competition.
Restrictive practices
- identification of illegal agreements
- identification of the abuse of a dominant market position
- notification of the antitrust authorities about infringements of competition law
- preparation of distribution and marketing strategies in accordance with competition law
- training on compliance with competition law
- antitrust audits
- mock dawn raids
- preparation of procedures in the event of audits by the antitrust authorities and assistance of clients in the case of such audits
- administrative proceedings before the president of the Office of Competition and Consumer Protection (UOKiK) and the European Commission
- court proceedings regarding appeals against decisions of the antitrust authorities
- court proceedings regarding individual claims for competition law infringement
Merger control
- assessment of the need to notify intended concentrations to antitrust authorities
- preparation of documentation and notification of intended concentrations to antitrust authorities
- representation or support in proceedings before antitrust authorities, including matters related to gun jumping (premature implementation of concentrations)
- identification of antitrust risks related to the transaction
- appeal proceedings against decisions of the antitrust authority in merger control cases
Contractual advantage
- identification of practices unfairly exploiting contractual advantage
- filing notifications with the antitrust authority regarding unfair practices involving contractual advantage
- assessment of contracts and other documents for compliance with the law on the unfair use of contractual advantage
- appeal proceedings against decisions of the antitrust authority regarding the unfair use of contractual advantage
Payment gridlocks (late payment practices)
- identification of risks related to excessive delays in fulfilling monetary obligations
- representation or support in proceedings before the antitrust authority regarding excessive delays in payment
- administrative proceedings related to appeals against decisions of the antitrust authority
- court proceedings to pursue individual claims arising from excessive delays in fulfilling monetary obligations
Combating unfair competition
- identification of acts of unfair competition
- negotiations with competitors of clients on their acts of unfair competition
- audits of compliance with the Act on Combating Unfair Competition
- preparation of legally safe trading strategies
- administrative and court proceedings
State aid
- analysis of the possible existence of state aid in specific situations
- analysis of the possibility of classifying given funds as state aid
- identification of permissible and prohibited state aid
- proceedings on the award of state aid and proceedings on the return of illegal state aid
- support in contacts with entities awarding state aid
Public procurement
- advisory on the preparation of tender proposals
- representation of contractors during the tender process and at the stage of contract performance
- representation in appeal proceedings before the National Appeal Chamber (KIO) or the courts of law
- representation in non-public procurement procedures
- identification of risks related to tender disruption, including risks under public procurement law, competition law, criminal law and the Act on Combating Unfair Competition
Violation of collective consumer interests
- identification of violations of collective consumer interests (e.g., unfair market practices, acts of unfair competition)
- audits of compliance of activities with regard to the risk of breaching collective consumer interests
- preparation of information policy rules in commercial relations with consumers
- administrative proceedings regarding suspected violations of collective consumer interests
- court proceedings on appeals against decisions of the antitrust authority regarding violations of collective consumer interests
Abusive clauses
- identification of contractual provisions infringing consumer interests
- preparation of contract templates, as well as sales and promotional regulations used in trade with consumers
- advice on sales via the Internet and other forms of modern communication
- audits of compliance of activities with regard to the risk of applying abusive clauses
- support in administrative proceedings on the suspected application of prohibited clauses
- support in court proceedings in appeals against decisions of the antitrust authority finding the use of prohibited clauses
Regulatory advice
- identification of risks related to violations of sector-specific regulations
- adjustment of business practices to regulatory requirements
- strategic advisory on determining the market position of entrepreneurs on specific markets and applicability of obligations arising from sector-specific regulations