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Competition

Poland

Competition authorities have increasingly far-reaching powers to investigate mergers, markets, sectors, cartels, market conduct and commercial arrangements. You face an ever increasing risk of regulatory intervention, significant penalties, damages litigation and criminal liability. Our dedicated competition and regulatory experts in CEE, including former regulators, can advise you on the entire range of contentious and non-contentious competition law issues. We regularly advise clients on competition matters across multiple jurisdictions in CEE, working closely together, to deliver consistent and joined-up advice. We have a successful track record in representing clients before national authorities and courts, as well as the European Commission and courts.

The CMS Competition Group is one of the largest teams in the market and works closely with the CMS EU Law Office in Brussels. We support clients on all their competition law needs: cartels, horizontal and vertical restraints, abuse of dominance, merger control, state aid, investigations and compliance, regulatory appeals, criminal liability, damages litigation, public procurement and consumer protection. Being compliant and implementing effective risk mitigation strategies is key. We focus not only on problem solving but also on how you can avoid problems in the first place. Our large team of competition lawyers has extensive experience in helping navigate these challenges so that you can focus on your business. We have in-depth knowledge of competition rules across different countries and markets and use our sector approach to help us understand your business environment and get to grips with your issues.

Good lawyers, with a wealth of experience
Chambers, 2016

Our Competition Team in Poland is one of the largest on the market. Our practice is not limited to antitrust law and merger control, but we also advise on state aid issues, public procurement, consumer law and unfair competition - in this capacity, we provide comprehensive legal advice on all aspects of competition law. We work with multi-national companies and leading brand owners, but also Polish firms and local governmental entities on both “one-off” complex legal matters as well as on compliance related issues associated with day to day commercial activities.

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15/10/2018
European Com­mis­sion charges Slov­ak rail com­pany with dawn raid ob­struc­tion
On 25 Septem­ber 2018, the European Com­mis­sion sent a State­ment of Ob­jec­tions to ZSSK, a Slov­ak rail com­pany, al­leging that it had ob­struc­ted a dawn raid by giv­ing in­cor­rect in­form­a­tion and de­let­ing data from a laptop.
03/09/2018
The Com­mis­sion de­cides that tax on ad­mis­sion fees in Greek casi­nos...
The European Com­mis­sion has con­cluded that a sys­tem of levies on State-set ad­mis­sion fees at Greek casi­nos does not con­sti­tute EU State aid. The Com­mis­sion had ini­tially taken is­sue with the meas­ures and de­cided, after an in-depth State aid in­vest­ig­a­tion con­cluded.
30/07/2018
EC: Ef­fects of pri­cing al­gorithms in the con­text of re­sale price main­ten­ance
On 24 Ju­ly 2018, the European Com­mis­sion ("Com­mis­sion") im­posed fines on four elec­tron­ics man­u­fac­tur­ers for fix­ing the prices of their on­line re­tail­ers. In as­sess­ing the im­pact of re­sale price main­ten­ance, the Com­mis­sion also fo­cused on the use of pri­cing al­gorithms.
19/07/2018
Se­lect­ive dis­tri­bu­tion: Frank­furt court con­firms the leg­al­ity of third-party...
On 12 Ju­ly 2018, the High­er Re­gion­al Court of Frank­furt ruled on the ap­peal pro­ced­ure in the Coty case (No. 11 U 96/14 Kart) and de­cided that the third-party plat­form ban agreed by the lux­ury cos­met­ics man­u­fac­turer Coty in its se­lect­ive dis­tri­bu­tion agree­ment.
13/06/2018
Com­pet­i­tion law and al­gorithms: the Lux­em­bourg Com­pet­i­tion Coun­cil...
Al­gorithms is the hot top­ic in com­pet­i­tion law. In June 2017, the OECD pub­lished a pa­per on the risk of col­lu­sion in the use of al­gorithms. This is­sue has been reg­u­larly ad­dressed by Com­mis­sion­er Vestager in her speeches.
12/06/2018
Ham­burg court ex­tends ECJ's rul­ing on third-party plat­form ban to...
On 22 March 2018, the Hanseat­ic High­er Re­gion­al Court in Ham­burg ruled that a sup­pli­er of food sup­ple­ments and vari­ous toi­letries may pro­hib­it dis­trib­ut­ors from selling its goods over cer­tain on­line sales sites known as third-party plat­forms.
01/06/2018
No gun jump­ing in EY case says ECJ
The Court of Justice of the EU has ruled that Ernst & Young (“EY”) did not jump the gun in the takeover of KP­MG’s Dan­ish unit. In its May 31 rul­ing, the Court of Justice re­af­firmed an earli­er Opin­ion by Ad­voc­ate Gen­er­al Nils Wahl, which could im­pact how “gun.
08/11/2017
Com­pan­ies should be per­mit­ted to mi­grate from one EU mem­ber state...
A com­pany re­gistered in and gov­erned by the laws of one EU mem­ber state should be per­mit­ted to “con­vert” it­self in­to a com­pany gov­erned by the laws of an­oth­er EU mem­ber state, provided it sat­is­fies the rel­ev­ant con­di­tions laid down by the des­tin­a­tion state.
02/11/2017
EU Frame­work for resolv­ing double tax dis­putes
The EU Eco­nom­ic and Fin­an­cial Af­fairs Coun­cil has ad­op­ted a Dir­ect­ive to cre­ate a new sys­tem to re­solve double tax­a­tion dis­putes between EU Mem­ber States. This meas­ure will af­ford tax­pay­ers a trans­par­ent pro­cess with clear dead­lines ap­plic­able to tax au­thor­it­ies.
21/06/2017
The Ver­dict - Round-up of cor­por­ate crime de­vel­op­ments across CMS
We are pleased to send our new is­sue of The Ver­dict, an at-a-glance round-up of re­cent leg­al de­vel­op­ments in re­la­tion to cor­por­ate crime. In this is­sue, the spot­light is on some sig­ni­fic­ant changes to anti-cor­rup­tion laws in the Czech Re­pub­lic, in­clud­ing.
10/02/2017
In­dia Budget 2017 - 2018
On 1 Feb­ru­ary, Fin­ance Min­is­ter Ar­un Jait­ley presen­ted In­dia’s an­nu­al Uni­on Budget for 2017-2018 (the “Budget”) for the fisc­al year be­gin­ning 1 April 2017. The cent­ral aim in this year’s Budget ap­pears to fo­cus on the most vul­ner­able with in­creased spend­ing.
01/12/2016
BEPS Up­date: Mul­ti­lat­er­al In­stru­ment Pub­lished
The OECD has now pub­lished the mul­ti­lat­er­al in­stru­ment (“MLI”) that will im­ple­ment cer­tain of the treaty-re­lated pro­pos­als from its pro­ject on tack­ling base erosion and profit shift­ing (“BEPS”).