The questions of competition law are not very popular yet but becoming more and more recognizable, in particular due to many publicised decisions by the Office of Competition and Consumer Protection (UOKiK) imposing penalties on entrepreneurs. Whenever the actions of an entrepreneur may constitute an abuse of a dominant position, when potentially illegal agreements between entrepreneurs may have occurred (such as price fixing, restricting market access or bid rigging), it is necessary to examine such activities in view of the competition law. KTW.Legal provides comprehensive support in this regard. Competition law needs to be considered also in case of mergers and acquisitions, which may require clearance for concentration. Other common issues include obtaining state aid and acts of unfair competition on the part of other organisations operating on the market.
Abuse of the dominant positionCollapse Expand
We advise in identifying the market position (dominant position) and help to understand the legal consequences of having such a dominant position (this situation usually affects communal water and sewage companies). Additionally, we help entrepreneurs whose interests have been infringed by another undertaking having a dominant position to take appropriate action.
Antitrust law - agreements restricting competitionCollapse Expand
We advise on the formulation and negotiation of contracts in consideration of antitrust law, in particular concerning contracts establishing distribution, agency and franchising networks. We represent clients in proceedings before the Office of Competition and Consumer Protection and before the Court for Competition and Consumer Protection. We prepare motions in leniency programs.
We help in cases of violations of collective consumer interests, including unfair advertising.
State aidCollapse Expand
We help in matters relating to national and EU regulations in the field of state aid, including representing entrepreneurs before national authorities and courts in cases involving recovery of state aid granted or used in violation of the law. We help to identify the need and to conduct the proceedings for compensation due to the unlawful or misused state aid.
Notification of the intent to concentrateCollapse Expand
We provide legal assistance regarding the regulations on concentration of enterprises, including the assessment of transactions for the obligation to obtain the consent to concentrate from the President of UOKIK or from the European Commission . We represent clients before these authorities during the concentration.
Acts of unfair competitionCollapse Expand
We analyze and advise on legal protection in the event of damages caused by acts of unfair competition. We provide legal assistance related to securing trade secrets, for instance by introducing trade secret protection policies, conducting training sessions and implementing regulations on the protection of trade secrets.