• wierzbowski.com
  • wierzbowski.com
  • wierzbowski.com
  • wierzbowski.com
  • wierzbowski.com
Competition, anti-trust and public aid

The firm has handled a number of competition and anti-trust cases.


The competition cases  handled by us mostly relate to the obtaining of permits for company take-over's, mergers, (a so called concentration of entrepreneurs),  Government investigations  concerning the abuse of a dominant market position, the violation of consumers rights, so called abusive clauses in consumer contracts, public aid and litigation between companies in cases of unfair competition.


A so called concentration of entrepreneurs requires obtaining a permit from the President of the Office for Protection of Competition and Consumers (UOKiK) or the European Commission. To obtain a concentration permit, it is necessary to file a lengthy application concerning the companies taking part in the concentration and the markets in which they operate. The Firm drafts such applications and represents applicants in the proceedings. The experience of the Firm encompasses several such proceedings, including concentrations involving large capital groups of companies or special markets, which have not yet been analyzed by UOKiK.


We have also dealt with the abuse of a dominant market position and agreements restricting competition. As an illustration of cases of this type, we would like to highlight an action brought against one of the major coal producers by a coal distributor, who alleged that the producer was abusing its dominant market position. The President of UOKiK revoked the initial decision to impose a heavy fine on the producer. Another, well publicized matter, in which the firm was involved, related to the imposition of a heavy fine on the issuers of credit/debit cards. In this case we advised an appeal against UOKiK's decision. Also we have handled a number of cases of accusations by competitors over the abuse of a dominant position or unfair market practices.


We have handled several cases of investigations started by the President of UOKiK for other violations of antitrust law including cartel agreements and violation of consumer rights. In several cases of   violations we have proven to be helpful in reaching agreement with the president of UOKIK, by entering settlements arrangement concerning  the future actions of the client – resulting in  the closing of the proceedings concerning the imposition of a fine.


The firm has drafted and advised on the drafting of documents which have been brought before the President of UOKiK for consideration, such as distribution agreements or contracts entered into by customers in cases of the electronic trading of goods..


We have also advised on several matters of public aid, rendered to some distressed companies.


Mariusz Rypina specializes in competition issues. Prof. Marek Wierzbowski and Dr Rafał Stankiewicz are co-authors of  the widely used  Professor Skoczny Commentary to the Law on  Protection  of Competition and Consumers. Both Prof. Wierzbowski and Dr Stankiewicz are frequent participants of the conferences organized by UOKiK, often being invited to speak there.


Concerning so called unfair competition; we have handled a number of cases - mostly litigation between competitors. These have been successfully handled by Anna Krysiak and Stanislaw Radowicki. Sometimes unfair competition results in a violation of the Public Procurement Law

(see Public Procurement) In such cases instruments stemming from the Law on Public Procurement have been successfully used by our lawyers.

 

Prof. Marek Wierzbowski i Partnerzy - Adwokaci i Radcowie Prawni
MILLENIUM HOUSE
ul. Mokotowska 15 A lok. 17
00-640 Warszawa
Tel. 022 312 41 10, fax: 022 312 41 12
office@wierzbowski.com