As part of its advice in this area, the Firm provides comprehensive assistance ranging from assessing whether the Client's planned investment intentions comply with competition law and do not violate the legitimate interests of consumers, to representation before the Office of Competition and Consumer Protection and before the antitrust court in cases involving the law of unfair competition practices.
Our team also has extensive experience in cases involving the protection of products and their brands, misleading and comparative advertising, as well as the risks arising from such practices. We advise clients on how to eliminate them or limit the negative effects resulting from them. We represent Clients in court disputes against this background, analyze concluded contracts and agreements, support Clients in the process of concluding contracts and agreements concerning this, and prepare legal opinions.
- Evaluation of measures taken by dominant and non-dominant entities in terms of their compliance with competition law (e.g., loyalty discount schemes, volume discounts, margin squeeze, tying and bundling, refusal to supply);
- Evaluating different types of agreements between entities operating at the same or different levels of production or distribution for their compatibility with antitrust law (e.g., pricing agreements, information exchange agreements, selective distribution agreements or distribution agreements with exclusivity clauses, sales or purchase agreements with exclusivity clauses, franchise agreements, retail price maintenance agreements);
- Assessment of the applicability of block exemptions and other exclusions provided by Polish and Euro-European competition law;
- Competition law due diligence, including with respect to M&A transactions, intercompany agreements and state aid;
- Advice and representation in proceedings before the Office of Competition and Consumer Protection and the Court of Competition and Consumer Protection;
- Evaluating the need to obtain approval from the President of the Office of Competition and Consumer Protection for M&A transactions;
- Applying to the President of the Office of Competition and Consumer Protection for approval of M&A transactions;
- Advising pharmaceutical companies on pricing policies and distribution agreements taking into account competition and consumer protection law; including, in particular, regulations on anti-competitive agreements, abuse of dominant and monopolistic position in the relevant market, drafting agreements and developing distribution strategies taking into account competition and consumer protection law;
- Advising pharmaceutical companies on determining acceptable forms of advertising and promotion;
- Advising on issues related to the formulation of policies for the sale of medicinal products, taking into account regulations on combating unfair competition;
- Advising Internet providers on issues related to unfair competition.
