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Competition law

Competition law is evolving constantly and rapidly. This follows not only from legislative amendments but mainly from the activities of institutions that apply those laws (the Office for Competition and Consumer Protection in Poland and the European Commission), as well as courts.

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Any violations of competition law may be potentially disastrous, which forces businesses to be always up to speed with its evolution. At the same time, competition law applies to everyone, business partners and competitors alike. If their actions may harm competition, it is worth considering taking legal steps.

Our team of experienced lawyers advises clients on all such matters and represents them in proceedings before the authorities and courts.

Competition law – our services

We advise international and Polish companies on all matters related to competition law, such as:

Proceedings before authorities

We advise and represent clients in cases concerning competition law, consumer law and in other proceedings conducted by the Polish competition regulator – the President of the Office for Competition and Consumer Protection – as well as proceedings before the European Commission.

Litigation

We advise and represent clients in courts in appeals against decisions of the President of the Office for Competition and Consumer Protection, the European Commission, as well as civil lawsuits for damages resulting from breaches of the competition law.

Mergers and acquisitions

We advise on cross-border M&As in matters concerning concentration control, FDI control and Foreign Subsidies Regulation. We draw up notifications of such intended transactions to the President of the Office for Competition and Consumer Protection or the European Commission and we represent clients in proceedings before those authorities.

Day-to-day advice

We support clients in matters related, among others, to the functioning of their distribution systems, pricing policy, joint ventures with competitors (e.g. through industry associations) and in all matters related to competition law or consumer law in broad sense.

Compliance and internal investigations

we help clients to ensure business compliance with the law by developing and delivering training for management and employees. In the event of a suspected violation, we conduct in-house investigations and assist clients in case of dawn raids by competition protection authorities.

our team

Piotr Skurzyński Attorney at law, Partner View profile »
Hanna Parkot lawyer

What is competition law?

Competition law (sometimes also called anti-trust law in Poland) is a collection of legislative acts to protect open competition as a self-regulating market mechanism from being restricted by businesses operating on that market. The law deals mainly with competition-restricting arrangements (e.g. price fixing), abuse of dominant position on the market, and the obligation to obtain prior approval from the President of the Office for Competition and Consumer Protection or the European Commission for a merger or acquisition of another undertaking.

Who does it apply to?

Competition law concerns businesses, big and small.

Although Polish and EU competition laws apply primarily in Poland and the European Union, they may also affect businesses established elsewhere. What matters is the influence of these laws on the EU single market or the Polish market. Consequently, if a company from outside the EU pursues practices that distort competition on the European or Polish market, it may be held liable under the relevant laws. Business owners from Poland and other EU Member States may complain about such companies to Polish or EU anti-trust authorities and sue them in common courts of law.

Who enforces competition law in Poland?

The main actor responsible for enforcing competition law in Poland is the President of the Office for Competition and Consumer Protection (OCCP President). That authority applies both national law and, where required, the EU competition law, especially if the competition-restricting practice affects trade between Member States of the European Union.

At the Community level, the primary guardian of the competition law is the European Commission. It intervenes in cases that are supranational or may significantly distort the internal market.

Both the OCCP President and the European Commission have extensive powers to conduct anti-trust proceedings, including searching business premises and sometimes even private homes or vehicles. Both authorities may also issue binding decisions imposing massive fines (including on managers responsible for the company’s breach of competition law) and obliging companies to change their practices or take remedial action.

A breach of the competition law may trigger claims for damages from the injured parties both in Polish courts and in other EU Member States. Business owners and consumers who have suffered as a result of competition-restricting practices may seek redress in civil lawsuits.

Challenges for businesses posed by competition law

Competition law may be a major challenge for businesses, both large corporations and small enterprises. The regulations are stringent and any violation may trigger hefty fines, civil liability, or even an administrative order to change the business model. To mitigate such risk, business owners should focus on three key areas:

Ensure compliance with competition law

avoid prohibited arrangements, such as price fixing with competitors, resale price maintenance, market split or bid rigging;
exercise caution in industry networking and while sharing information, especially about prices, market strategy and sensitive data;
if you have a strong market position – make sure that the company does not abuse this position against its competitors or business partners (e.g. by price dumping, loyalty discounts or exclusivity clauses).

Get ready for anti-trust investigations

develop in-house compliance procedures and train employees to identify problematic situations;
prepare organisationally and technically for the possibility of an investigation by the OCCP President or the European Commission, including for dawn raids.

Screen competitors and business partners

monitor the market and check whether or not the other market players infringe on competition law;
if you suspect an infringement – take relevant action, and even consider notifying the OCCP President and seeking damages in a civil lawsuit;
assess legal risks related to business relationships (e.g. exclusivity or loyalty clauses) which may restrict free competition in practice.