Corporate services, M&A
Competition law
Competition law is increasingly becoming an indispensable element of legal analysis of business activities. At the same time, this branch of law has its own specific characteristics – it requires the ability to analyse the economic context and knowledge of the decision-making practices of competition authorities. Our experience allows us to understand these specific characteristics and effectively advise our clients in the area of competition law.
Review of agreements for compliance with competition law (including analysis of distribution systems)
We will review your contracts for compliance with competition law – we will identify and assess potential risks and indicate effective ways to eliminate them. We will audit the rules governing your distribution network to ensure that they comply with competition law.
Representation before the Office of Competition and Consumer Protection (UOKiK) in cases concerning violations of competition law
If the President of the Office of Competition and Consumer Protection has initiated an investigation or antitrust proceedings against you, we will provide effective representation in such proceedings. In the event of an unfavourable decision, we will provide representation in appealing against such a decision and in further court proceedings.
Representation in cases concerning claims relating to competition law infringements
In the event of a court dispute concerning a competition law infringement and the resulting invalidity of contractual clauses or damage suffered, we will ensure the effective defence of your interests in court proceedings, based not only on our knowledge of competition law but also on our extensive litigation experience.
Handling notifications of intended concentrations to the Office of Competition and Consumer Protection
If you are the buyer in an M&A transaction and its completion requires the consent of the President of the Office of Competition and Consumer Protection, we will prepare a notification of concentration and guide you through the proceedings for obtaining such consent. If you are the seller in such a transaction, we will help you prepare the data necessary for the buyer to obtain consent.
Experience
Analysis of agreements and distribution systems
We analysed dozens of agreements and distribution systems from the perspective of competition law, including verification of exclusivity and non-competition clauses in distribution agreements and joint venture agreements, as well as analysis of cosmetic product distribution rules for compliance with competition law.
Advice on regulations concerning unfair use of contractual advantage
We conducted a comprehensive analysis of the compliance of a cultivation agreement with regulations concerning counteracting unfair use of contractual advantage in trade in agricultural and food products.
Representation in a case concerning interchange fees
DJP lawyers represented Polish banks in court proceedings concerning an appeal against a decision of the President of the Office of Competition and Consumer Protection (UOKiK) concerning an alleged agreement on the setting of interchange fees in payment card systems.
Representation in a case concerning reservation systems
We represented one of the world’s largest reservation system operators in antitrust proceedings conducted by the Office of Competition and Consumer Protection (UOKiK) concerning an alleged abuse of a dominant position. Thanks to our participation and constructive arrangements with UOKiK, the case ended with a commitment decision, without any sanctions being imposed on our client.
Effective use of competition law in court disputes
The DJP team successfully used allegations of competition law violations in court proceedings, leading, among other things, to the invalidation of contractual clauses unfavourable to the client, which were considered to be an abuse of a dominant position.
Experts
