Picture of Malgorzata Urbanska

Małgorzata Urbańska

Partner
Head of Competition & Public Procurement, Poland and Head of Consumer Products, CEE

CMS Cameron McKenna Nabarro Olswang Pośniak i Sawicki sp.k.
Warsaw Financial Centre
ul. Emilii Plater 53
00-113 Warsaw
Poland
Languages Polish, English
Competition

Malgorzata Urbanska is the Head of the Competition and Public Procurement Group at CMS Poland and the Head of Consumer Products Sector Group in CEE.

She specialises in a wide range of Polish and EU competition law issues, including antitrust, merger control, state aid, public procurement, unfair competition and consumer protection.

She represented clients in numerous merger notifications to both Polish Competition Authority and the European Commission. She advises in cartel cases, including bid rigging, vertical restraints cases and on dominance issues. She works extensively on competition compliance and risk management, including internal investigations, setting compliance strategies and training for personnel of all levels.

She acts in front of competition authorities, but also successfully represents clients before competition courts, when appealing from adverse decisions and fines.

Malgorzata advises businesses from a range of industry sectors, but in particular consumer products, lifesciences, ICT and energy, oil and gas. 

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"She had wide experience of similar transactions and was able to decipher communications from the Polish regulator which were not especially clear to us in the UK"

Chambers Europe

"She had it all under control"

Chambers Europe

Relevant experience

  • P4 before the Court of Competition and Consumer Protection in a successful appeal against the decision of the President of the Polish Competition Authority which had imposed a fine on P4 for alleged involvement in a cartel with three other mobile operators (Orange, T-Mobile and Plus).
  • EFG Eurobank Ergasias in the process of reporting a proposed merger of their Polish operations with Raiffeisen Bank International AG to the European Commission, including drafting merger control notification and representing the client in proceedings before the Commission, which led to issuing a merger clearance.
  • Nutricia Poland on all aspects of the distribution of their products, as well as consumer communication and other consumer protection issues connected with various promotional activities.
  • Bombardier Transportation on various competition and public procurement issues, including the investigation from the Polish Competition Authority and the appeal to the Court of Competition and Consumer Protection.
  • PGNiG (the Polish gas incumbent) before the Court of Competition and Consumer Protection in an appeal against the fine from the Polish Competition Authority for non-performance of the commitment decision.
  • PZU Zycie on an abuse of dominance case in front of the Court of Competition and Consumer Protection.
  • Domestic IT company in an investigation by the Polish Competition Authority regarding the alleged involvement in bid rigging cartel with two other market participants. 
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Education

  • 2005 - Post-graduate degree in European Community Law and Competition Law, King’s College, London, UK
  • 2004 - Legal advisor training, admission to the Warsaw Bar of Legal Advisors, Warsaw
  • 1999 - Master’s degree, the Warsaw University, Warsaw 
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Memberships

  • Member, Competition Law Association in Poland
  • Member, Warsaw Bar of Legal Advisors 
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Public Procurement

Małgorzata Urbańska is the Head of Competition and Public Procurement Group at CMS Poland

She specialises in competition and public procurement law. She advises private and public companies on all kinds of tenders on the Polish market.

Malgorzata works for both suppliers and contracting authorities on procurement law issues across a broad range of business areas, including energy, oil and gas, construction, infrastructure, information and telecommunication technologies, lifesciences and others.

She advises on all stages of a procurement project, from preparation and choice of suitable tender procedure, through submission and selection of bids, to successful representation of parties in the appeal and court proceedings. She is experienced in bid rigging cases, consortium agreements, and other compliance aspects of a tendering process. 

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Clients widely praise her “coherent, communicative and clear way of explaining” legal matters.

Chambers Europe

Relevant experience

  • Lotos Petrobaltic on public procurement law aspects of the transaction involving a purchase of an oil rig along with the transport and insurance services.
  • Bombardier Transportation on various issues relating to their participation in public tenders on the Polish market.
  • Apator on various tendering issues. A significant part of assistance related to the SCW (Smart City Wrocław) project, consisting in the implementation of a smart metering system in Wrocław, run by Tauron Dystrybucja.
  • IBM on various issues relating to participation in tender proceedings and a number of procurement disputes relating to high-profile IT tenders, including representing them in the National Appeal Chambers.
  • Netsch in a public procurement litigation case before the National Appeal Chamber.
  • Lotos Petrobaltic in a restricted tender for the provision of catering and cleaning services for oil rigs. It included providing legal advice relating to the tender documentation (a tender announcement, completing terms of reference and drafting contract to be concluded with the selected contractor). 
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Education

  • 2005 - Post-graduate degree in European Community Law and Competition Law, King’s College, London, UK
  • 2004 - Legal advisor training, admission to the Warsaw Bar of Legal Advisors, Warsaw
  • 1999 - Master’s degree, the Warsaw University, Warsaw 
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Memberships

  • Member, Competition Law Association in Poland
  • Member, Warsaw Bar of Legal Advisors 
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October 2018
E-pub­lic pro­cure­ment
E-pub­lic pro­cure­ment in a nut­shell
06/12/2018
Mil­lion-zloty fines for man­age­ment per­son­nel that vi­ol­ate con­sumer...
In 2015, the Pres­id­ent of the Of­fice of Com­pet­i­tion and Con­sumer Pro­tec­tion (“UOKiK”) was gran­ted the power to im­pose high fines on people in man­age­ment po­s­i­tions in com­pan­ies that vi­ol­ate the pro­hib­i­tion of an­ti­com­pet­it­ive agree­ments.
7 December 2017
CEE Mer­ger Clear­ance Mat­rix 2017-18
07/11/2018
Amend­ment of the act on coun­ter­act­ing un­fair use of con­trac­tu­al ad­vant­age...
A little over a year after com­ing in­to force, the Act on Coun­ter­act­ing Un­fair Use of Con­trac­tu­al Ad­vant­age in Ag­ri­cul­tur­al and Food Products Trade (“the Act”) is to be amended. Since the Act came in­to force, the Pres­id­ent of the Of­fice for Com­pet­i­tion and.
December 2017
Mis­lead­ing rep­res­ent­a­tions of new "de­sign­er food"
09/07/2018
First fines by the Pol­ish Com­pet­i­tion Au­thor­ity on in­di­vidu­als
The Pol­ish Com­pet­i­tion Au­thor­ity is for the first time con­sid­er­ing im­pos­ing fines for in­fringe­ment of com­pet­i­tion law not only on the com­pan­ies in­volved, but also on the in­di­vidu­als re­spons­ible. The Au­thor­ity has had the power to fine in­di­vidu­als since 2015.
1 September 2017
CEE Pub­lic Pro­cure­ment Tool­box for Rem­ed­ies
30/04/2018
UOKiK scru­tin­ises dairy in­dustry
The UOKiK has re­cently ex­amined the dairy mar­ket to de­term­ine wheth­er un­fair ab­use of con­trac­tu­al ad­vant­age oc­curs in re­la­tions between sup­pli­ers and dairy pro­cessing plants. The res­ult­ing re­port in­cludes the UOKiK’s guidelines on what fair con­tracts should.
May 2018
CMS Pub­lic Pro­cure­ment Tool­box of Rem­ed­ies
Tool­box of rem­ed­ies in pub­lic award pro­ced­ures avail­able...
08/03/2018
First de­cision on un­fair use of con­trac­tu­al ad­vant­age
The Of­fice of Com­pet­i­tion and Con­sumer Pro­tec­tion (“UOKiK”) has is­sued its first de­cision un­der new reg­u­la­tions on ab­use of con­trac­tu­al ad­vant­age. In Ju­ly 2017, the Pres­id­ent of the UOKiK was gran­ted wide powers around pro­sec­ut­ing un­fair prac­tices re­lated to.
20/04/2016
Re­tail­er­'s guide to Po­land 2016
25/01/2018
Pol­ish reg­u­lat­ors tackle the mar­ket of di­et­ary sup­ple­ments
The Pres­id­ent of the Of­fice of Com­pet­i­tion and Con­sumer Pro­tec­tion (UOKiK) has pub­lished the res­ults of the di­et­ary sup­ple­ments audit car­ried out in 2017 by the Trade In­spec­tion Au­thor­ity. As a res­ult of the audit, about 20% of ex­amined batches were con­tested.