Prof. Wierzbowski & Partners provides specialist legal advisory services in all matters related to competition law. We have a highly qualified team of lawyers who support entrepreneurs both with application of restrictive agreements, consisting of abuse of dominant position or entering into anti-competitive agreements and merger control between undertakings, as well as acts of unfair competition.
COMPLIANCE PROGRAMS AND AUDIT OF COMPLIANCE WITH COMPETITION LAW REGULATIONS. 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 audits of compliance with competition law regulations which includes complex analysis of the compliance of client’s commercial activities with regulations which apply in a given field.
We also provide workshops for entrepreneurs, to inform them about current regulations and the rules and practices used during inspections.
COURT & ADMINISTRATIVE PROCEEDINGS. 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 advise in matters of unannounced inspections carried out by antitrust officers, and we also assist in preparing notifications to the President of Office of Competition and Consumer Protection and leniency applications under the leniency policy. We also provide legal services in appellate 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 fines reduced upon appeal. Our experience also includes representing clients in private enforcement proceedings, when individual compensation claims are based directly on competition and consumer protection law.
MERGER CONTROL. 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 application forms 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 the relevant markets had not been previously analysed. Our experience allows us to provide comprehensive antitrust analysis at the planning stage of a M&A transactions, and to work out an optimal strategy for fulfilling the notice obligations ofintended concentrations.
FOREIGN DIRECT INVESTMENT (FDI) AND FOREIGN SUBSIDIES DISTORTING THE INTERNAL MARKET. We provide consulting services on obligations under the Act on the Control of Certain Investments. This Act requires entrepreneurs outside the EEA and the OECD to submit prior notification to the President of the Office of Competition and Consumer Protection of their intention to make an investment resulting in the acquisition, achievement or attainment of “significant participation,” or dominant status over a covered entity. We also advise in the area of the Commission’s control of subsidies granted by third countries to companies in the EU market, including the obligation to notify the European Commission of concentrations and public procurement proceedings if the thresholds indicated in the EU regulation are exceeded.
UNFAIR COMPETITION. We also provide legal advice regarding the protection of private interests connected with acts of unfair competition such as violation business secrets, anticompetitive cause or unfair imitation of products. We have represented both plaintiffs 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.
CONSUMER PROTECTION. 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.
EXPERIENCE. 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.
ACADEMIC ACTIVITY. Our lawyers have authored a range of publications in the field of competition and consumer protection, including commentaries to the Act on Competition and Consumer Protection. We also provide training and workshops in this area.
TEAM. Mariusz Rypina (Ph.D.) and P. Kamil Rosiak are our leading lawyers in the area of Competition and Consumer Protection Law.
