Competition and Consumer Protection Law

We provide legal services in the field of public and private competition law, in particular services connected with anticompetitive practices covering competition restricting agreements, abuse of dominance and merger control between undertakings, as well as acts of unfair competition.

 

We offer solutions to clients for bringing their business practices into line with the Polish and EU competition law, including providing an antitrust risk assessment. We also carry out an antitrust audits which includes a complex analysis of the compliance of Client’s commercial activities with regulations which apply in a given field. Prof. Wierzbowski & Partners advise in the matter of unannounced inspections carried out by the antitrust officers, and we also assist in preparing leniency applications under the leniency policy.

 

We are experienced in representing clients in both preliminary proceedings and antitrust proceedings conducted by the President of the Office of Competition and Consumer Protection. We also provide legal services in appeal proceedings before the Competition and Consumer Protection Court. On multiple occasions we successfully closed preliminary proceedings before they led to antitrust proceedings, achieved binding decisions, or succeeded in having a fine reduced in appeal proceedings. Our experience also includes representing clients in the private enforcement proceedings, when individual compensation claims  are based directly on competition and consumer protection law.

 

Our firm also specialises in merger control, including assessing the necessity for undertakings to notify the President of the Office Competition and Consumer Protection or the European Commission their intended concentration, preparing WID application form and representing clients in concentration proceedings. Our experience includes cases where the acquiring entity belonged to a large capital group, as well as cases where relevant markets had not been previously analysed.

 

Consent of the President of the Office of Competition and Consumer Protection or the European Commission is an important element of many merger and acquisition transactions. Our experience allows us to provide a comprehensive antitrust analysis at the planning stage of a M&A transaction, and to work out an optimal strategy for fulfilling the obligations to notify intended concentrations.

We also provide legal advice regarding the protection of private  interests connected with acts of unfair competition. We have represented both complainants and  defendants in these types of cases, and our experience enables us to support undertakings in disputes with competitors in order to stop unfair competition practices of competitors. We offer comprehensive legal services in the sphere of consumer protection, providing solutions which are in line with legal regulations in the field, including consumer protection law and  laws relating to abusive clauses, unfair market practices, warranties and guarantees, sales taking place at a distance outside the premises of a business. We also take into account all relevant sectoral regulations. We prepare contracts, guidelines and contract templates for B2C relations, as well as provide comprehensive business solutions to ensure alignment with consumer protection law suggesting the necessary adjustments.

 

We are experienced in representing clients in proceedings before the Competition and Consumer Protection Office, as well as in proceedings connected with the use of abusive clauses in standard agreements/ practises infringing collective consumer interest??. We provide legal services on appealing against decisions of the President of the Office of Competition and Consumer Protection, and can claim success in a number of cases of closing preliminary proceedings without leading to further proceedings in cases related to using practices which infringe collective consumer interests. We have also assisted clients in achieving binding decisions from the President of the Office of Competition and Consumer Protection.

 

In the field of competition and consumer protection law, we have advised leading entities in  the sectors of transport and logistics,  chemical goods, telecommunications, new technology, construction, energy, banking, investment funds, internet and media, defence, pharmaceuticals, development and FMCG.

 

Our lawyers have  authored a range of publications in the field of competition and consumer protection, and we also provide training and workshops in this area.

 

Members of the team, led by Kamila Pomorska are Kamil Ciupak, Anna Celejewska Rajchert and Mariusz Rypina. Each of them has his or her field of specialisation, like consumer protection, public aid, abuse of dominant position, concentration etc. Most likely this is the strongest competition team of the law firms in Warsaw.