SK&S’ Competition Law Department is led by Krzysztof Kanton. The Department, which includes two former employees of the Polish Competition Authority (UOKiK), provides comprehensive advisory services to Polish and foreign clients on all aspects of Polish and Community competition law and represents them in proceedings before UOKiK and civil courts. We conduct cases on restrictive practices, abuse of dominant market position, corporate concentration, State aid and collective consumer interests. We advise on anti-trust controls and provide practical training on the application of competition law. A number of projects implemented by the Department have been of landmark significance, including cases on “selective distribution agreements”. Representing one of our clients, we applied the “product substitutability” doctrine for the first time in Poland while defining the relevant market. In several cases we obtained UOKiK’s consent for concentrations giving rise to significant market share accumulation using the “efficiencies” concept. We have conducted cases concerning “exclusivity rights” on the media market, exemptions from penalties for failure to give notice of intention to concentrate, and a “policy of leniency” towards cartels. We have also assisted in obtaining UOKiK’s approval for many concentrations of a global scale, including from companies in the auditing sector, producers and distributors of liquid fuels, tobacco product producers, telecommunications operators, banks, film and television producers, tour operators and manufacturers of household appliances. We have cooperated in transactions of this type with renowned foreign law firms, such as Cleary Gottlieb, Steen & Hamilton, Freshfields, Skadden Arps, Wilmer Cutler Hale & Dorr and many others. Our lawyers also participate in legislative processes. We have drafted several statutory instruments to the antitrust act, and have given opinions on the draft amendments to this act. In addition, our advisory activity to Ukraine’s Antitrust Committee is also worthy of note, performed as part of the TACIS program financed by the European Commission.
Conditional merger clearance decisions in the light of EU law and latest amendments to the Polish antimonopoly law
Europejski Przegląd Sądowy, numer 7/201, author: dr Jarosław Łukawski