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Competition & Antitrust

The activity of the European Commission and national competition authorities, such as the President of the OCCP, requires business projects to be assessed with respect to the provisions prohibiting anti-competitive arrangements, regulating merger control and preventing practices infringing the collective interests of consumers.

Our specialists combining their wide legal experience, comprehension of the distinctiveness of key industries and awareness of the current practices applied by the competition authorities, provide clients with tools aimed at preventing potential infringements. We also represent our clients in proceedings before the competition authorities and in appeal proceedings.

Services

Merger Control

Our team assists clients with M&A transactions. We carry out detailed assessments of the necessity to notify the intention of M&A transactions to the President of the OCCP or European Commission, we advise on the best form of M&A concentration, prepare the notification, including the collection of any information required for the application, and represent clients in M&A concentration proceedings. We also offer legal assistance in the event of failure to submit a compulsory notification of intention of M&A concentration.

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Consumer Rights Protection

The Competition and Antitrust Department’s team provides expert advice on consumer law. Basic knowledge and compliance with consumer protection regulations is a key element in today’s commercial practice. Failure to comply with these obligations involves the risk associated with allegations of infringement of the collective consumers’ interests.

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Competition and Antitrust Proceedings and Litigation

Our services include representation in proceedings before the President of the OCCP or European Commission as well as before the courts, and i.a. preparation of analyses concerning procedural strategies or analyses of the client’s chances of obtaining compensation in private competition litigation cases.

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Anti-Competitive Practices

Co-operation between entrepreneurs is the basis for contemporary economic relations and usually has a positive impact on the market. However, some forms of co-operation can infringe competition law and are, therefore, prohibited. Additional restrictions are imposed on companies with a dominant position on the market and any infringement of competition laws can adversely affect businesses.

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Combating Unfair Competition

Certain actions with respect to competitors, customers or consumers, for example those impeding the access of other entrepreneurs to the market, disclosing or infringing of business secrecy, misleading advertising, imitating products, infringing trademarks or the use of a third party’s reputation, are considered acts of unfair competition. Entities affected by such acts have a broad spectrum of claims available including: demands to cease infringement, publication of apologies and claims for damages.

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Experience

PLL LOT

Representation in proceedings before the President of the Office for Competition and Consumer Protection in a case related to the application of abusive contractual clauses in the terms and conditions of transportation services, including representation in negotiations leading to a commitment decision being issued (as a result of which no cash penalty has been imposed on the company).

Polfa Kutno

Advice on anti-monopoly law and representation in litigation related to unfair competition practices.

BOSCH

Advice on the compliance of the actions taken or planned with consumer law; advice on unfair competition and anti-competitive practices; advice on white-collar crimes; compliance advice.

Our Leaders

Michał Będkowski-Kozioł, PhD

Michał Będkowski-Kozioł, PhD

Partner

Head of Practice

phone +48 22 326 9600
mobile +48 883 323 477
m.bedkowski-koziol@kochanski.pl

Monika Urban-Piotrowska

Monika Urban-Piotrowska

Associate

phone +48 22 326 9600
mobile +48 660 765 924
m.urban-piotrowska@kochanski.pl

Latest News

18 Dec 2019

Kochański & Partners advise AccorInvest Group S.A. on the purchase of 85.8% of shares in Orbis S.A.

Kochański & Partners (K&P) advised AccorInvest Group S.A. (France) on the purchase of shares in Orbis S.A. – the Polish hotel chain, from Accor S.A. and Accor Polska sp. z o.o. AccorInvest Group S.A. is one of the leading investors, owners and managers in the international hotel market. The consulting process provided by K&P covered, […]

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