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. For example, an entire contract or part of it may be declared null and void, significant fines and compensation may be imposed, a negative impact may be focused on a company’s image, etc.

Our Competition and Antitrust Department’s team has broad experience in drawing up commercial agreements, creating distribution policy and designing the client’s commercial relations with competitors and contractors in accordance with antitrust law, gained i.a. in such sectors as the motor vehicles, FMCG, pharmaceuticals and chemical industries. We provide legal advice for companies with a dominant position in order to minimize the risks of them being illegally abused. We also offer legal assistance for companies which have incurred damages as a result of the anti-competitive behavior of their competitors or contractors. In addition we organize compliance training for entrepreneurs and their employees and carry out internal audits.

We provide the following services:

• Advice on the choice of the best distribution system and organisation of the sales and purchase market for goods and services
• Analysis of the characteristics of the relevant market based on domestic, European and other countries’ jurisprudence
• Analysing and drawing up commercial contracts, e.g. distribution, agency, franchise agreements, agreements falling under group exemptions, all kinds of co-operation agreements, including especially: subcontracting, manufacturing, specialising, R&D, commercialising and standardisation agreements
• Advice on compliance of individual agreements with competition law, including advice on the possibility to apply individual and block exemptions and other competition compliance solutions stipulated by Polish and European law
• Advice on specific issues, i.e. pricing policy, suppression of competitive activities, exclusive supply, bidding, exchange of information, explanatory and antimonopoly proceedings related to alleged participation in a cartel or other agreements restricting competition
• Advice on how to minimise the risks related to holding a dominant position, including analysis of, and assistance with, the creation of a distribution network, pricing and discount policy, the possibility to apply different trading conditions, the possibility to refuse to supply, including refusal to allow access to “essential facilities” under the application of the so called “essential facilities doctrine”
• Assistance in the course of control and inspection by the President of the Office for Competition and Consumer Protection (OCCP) and the European Commission (EC)