Competition & Consumer Law

We support:

• businesses defending themselves against allegations by antitrust authorities regarding agreements that restrict competition,
• entities facing allegations of abuse of a dominant position,
• businesses in cases involving the protection of collective consumer interests, including proceedings before the President of the Office of Competition and Consumer Protection (UOKiK),
• parties to merger transactions seeking approval from the European Commission or the President of the Office of Competition and Consumer Protection (UOKiK),
• businesses seeking damages for violations of competition law, as well as defendants in such proceedings,
• entities subject to proceedings concerning the unfair exploitation of contractual advantage, in particular before the President of the Office of Competition and Consumer Protection (UOKiK),
• businesses in relation to preventive measures, including the implementation and auditing of compliance programs, the development of internal procedures, and the conduct of training on competition law and consumer protection.

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What sets us apart?

We possess unique experience stemming from many years of practice. Many of the projects we have completed were groundbreaking. We secured the first-ever conditional decision (without the imposition of fines) in UOKiK history in an antitrust proceeding where the allegations concerned the fixing of resale prices. In 2004, we filed Poland’s first application for immunity from penalties under the leniency program. We stand out for our effectiveness in refuting allegations made by the antitrust authority. We estimate that, as a result of our efforts, the total amount of fines our clients have avoided amounts to several hundred million zlotys. The arguments we presented often led to the dismissal of proceedings at the administrative stage. In cases where the Office of Competition and Consumer Protection (UOKiK) ultimately issued a decision, the appeals we filed resulted, in many cases, in the decision being overturned or in a significant reduction of the financial penalties imposed.

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Key projects undertaken by the Competition Law Department involve merger control. In many complex cases, we have succeeded in obtaining a favorable ruling, even though the parties’ market shares exceeded the threshold at which a dominant position is likely to be achieved. We have also participated in a number of cases in which a merger was conditional on the fulfillment of specific structural or behavioral conditions. We also have extensive experience representing businesses before the President of the Office of Competition and Consumer Protection (UOKiK) in merger cases that do not raise antitrust concerns. We estimate that in recent years, 10% of all decisions issued by UOKiK were obtained by attorneys from SK&S.

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How can we help?

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Our services include:

• advice regarding proceedings conducted by UOKiK in which allegations concern the conclusion of an agreement restricting competition, abuse of a dominant position, or violation of collective consumer interests, as well as representing clients in court proceedings concerning appeals against decisions of the antitrust authority,
• advice in proceedings concerning business mergers,
• representing clients in civil proceedings seeking compensation for damages caused by violations of competition law,
• advising on regulations concerning the unfair exploitation of contractual advantage; conducting proceedings before the Office of Competition and Consumer Protection (UOKiK) and the courts in such cases,
• providing legal assistance in connection with searches and inspections of businesses conducted by antitrust authorities,
• conducting training sessions on competition law and consumer protection law for management, marketing and sales staff, and other departments within companies,
• comprehensive antitrust audits, in particular analyses using digital forensics and artificial intelligence software,
• simulations of antitrust inspections (mock dawn raids),
• developing internal compliance systems and establishing procedures for monitoring commercial contracts and market communications,
• verification of the compliance of distribution systems with competition law,
• ongoing advice to clients on consumer protection law, in particular the review of terms and conditions, promotional terms, and other documents used in B2C relationships,
• advising on regulations concerning payment bottlenecks,
• advice on administrative liability for dangerous products.

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Awards

The competition law team is widely recognized as a leading competition law practice in Poland, as reflected by its consistently high rankings (Chambers, Legal 500, and Global Competition Review).