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.
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.
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.
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.
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.
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.