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A new era for private competition actions – what’s in it for you?

Warsaw, Poland

Past event
08 November 2016, 15:00 - 18:30 UTC +00:00

The Polish government is working on a draft law on private competition actions, which will introduce solutions from the EU Damages Directive aimed at facilitating private enforcement of competition law by market players in civil courts. It will be easier for those who suffered harm as a result of anticompetitive conduct to seek damages. The violators (parties to anti-competitive agreements, cartel members, those who abuse their dominant position) will need to pay – apart from heavy fines imposed by competition authorities – also high compensation to other market players.

It is our pleasure to invite you to our conference where we will discuss the upcoming changes and their practical consequences, including the following:

  • When and how damages may occur in relation to antitrust infringements?
  • Who may sue for such damages? Who can be sued?
  • How will it be easier to seek damages?
  • What evidence can be used in court? How could it be obtained?
  • How much compensation may be claimed?
  • When and why it is worth involving an expert economist? Their role in quantification of damages; 
  • What is the antitrust damages experience in other Member States – how does it work in Germany?
  • Why have market players not pursued competition claims to date? Will the new rules change this?

The meeting will be held on 8 November at the Business Centre Club in Warsaw. Participation is free-of-charge, but please book places in advance.                                      

The agenda consists of:                                          

15:00 - 15:30 Registration and coffee                                                                                         

15:30 - 15:40 Welcome and opening words

Małgorzata Urbańska, Partner, CMS

15:40 - 16:10 The bigger (EU) picture – antitrust damages available across Europe

Filip Kubík,European Commission, DG Competition, ECN and Private Enforcement Unit                                         

16:10 16:30 Upcoming changes in Poland and how they will impact your business

Małgorzata Surdek, Partner, CMS

Małgorzata Urbańska, Partner, CMS

16:30 – 17:00 Experience from countries where the system is effective – how it is done in Germany?

Tim Reher, Partner, CMS Hamburg

17:00 - 17:15 - Coffee break

17:15 – 17:45 Quantification of harm – when to employ economists and how they can help?

Maciej Fornalczyk, General Partner (CEO), COMPER Fornalczyk i Wspólnicy

17:45 – 18:30 Market player perspective – discussion panel

Małgorzata Urbańska, Partner, CMS (moderator)

Maciej Ozdowski, Regional Legal Director, Colgate-Palmolive (Poland) Sp. z o.o.

dr Tadeusz Białek, Director of the Legal and Legislative Department, The Polish Bank Association (ZBP)

Dominika Niewiadomska-Siniecka, Head of Legal Departement, P4 Sp. z o.o. (Play)

Filip Ostrowski, Head of Compliance, Legal Departement, PGNiG S.A.     

18:30 Cocktails                                                                             

The conference will be held in both Polish and English – simultaneous translation will be provided.