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Antitrust, Competition and Trade

The CMS Antitrust, Competition and Trade (ACT) group in Poland is part of the fully integrated CMS global team, one of the largest specialist competition and trade teams in the world. More than 225 CMS experts advise clients in more than 40 countries worldwide on all ACT matters. Our Polish team is one of the biggest on the national market, spread out across our offices in Poznań and Warsaw. 

Due to our size and very wide footprint, we are able to deal with all ACT matters irrespective of their geographic dimension. Where necessary we cooperate with long established contacts from our wider network of law firms everywhere in the world.

We are specialists across the full range of Antitrust, Competition and Trade matters. We have expert sub-groups specialising in specific areas within the wider competition and trade field, e.g. for State aid and FDI/Foreign investment screening. We are also well-known as experts in various sectors of the economy. Our renowned sector specialisation encompasses automotive, consumer products/FMCG, construction, digital economy, energy/oil & gas, life sciences, telecommunications/media and transport to name but a few. 

Our clients range from many very large multinationals who frequently use our team as their ACT law firm of choice for the entire region (e.g., in Europe or CEE), to governments at all levels and a high number of medium-sized companies. We also advise Polish brand owners and leading market players, as well as local governmental entities. We represent them before Polish authorities, including the Polish Competition Authority (Prezes Urzędu Ochrony Konkurencji i Konsumentów), as well as Polish courts. 

We use the most up-to-date technical and AI tools to support our business in Poland and abroad. 

We hold a renowned annual EU competition law conference which has become a feature in the Brussels calendar.  We put out regular case law updates on Polish, European and international competition and trade developments on our Law Now service.  Our monthly EU law webinars are attended by in house counsel from around the world and from renowned Polish companies.  And our group is steered, not just by a management committee of partners but also by an active associates’ group that keeps us innovating to serve clients.

Choose area

Abuse of Dominance and Economic Dependence
Competitive conduct of companies with a strong market position is subject to increasing scrutiny and may lead to unwanted regulatory intervention, hig
Owl
Competition and Cartel Investigations
Companies should be alive to the possibility of investigations and fines for anti-competitive behaviour. We defend our clients in cartel and other reg
Compliance new - ACT 925x290
Compliance
We provide day to day advice in all competition law matters to help clients avoid any conflicts with competition laws. We work closely with our expert
Consumer Protection
Monitoring consumer protection has been one of the priorities of the European Commission and the Polish consumer protection authority (Prezes Urzę
computer chip on pcb
Digital Markets
CMS is widely recognised as a leader in providing legal advice to clients from the digital and technology markets. We help companies avoid regulatory
Chinese lucky coins
Foreign Investment Screening
Our broad footprint with CMS offices in Europe, Asia, Africa and South America combined with a very wide network of long‑established contacts ac
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Foreign Subsidies Control
The EU intends to extend State aid control to the support of businesses provided by non-EU governments. This new field of law is expected to enter int
cargo ship on water
General EU Law, Free Movement of Goods, Services and Capital
With our highly specialised expertise in general European law, based mainly in Brussels, we help companies defend their commercial interests in all ma
Horizontal Agreements
The line between admissible conduct and infringement can be thin. Our specialists’ expertise covers the full range of horizontal cooperation or
Zips
Merger Control
We have a long and extensive track record of advising clients on merger control requirements and representing them in merger control proceedings. Each
Payment gridlocks
Companies in Poland are closely monitored by regulators in relation to the payment terms they use in B2B transactions. Large companies are under espec
Private Enforcement
The CMS team acts for claimants and defendants in all competition-related private enforcement matters. Our extensive experience across many cases give
Regulatory
Companies in regulated industries are under constant scrutiny over anti-competitive behaviour. With our in-depth sector specific competition law exper
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State Aid and EU Subsidies
State aid is one of the most developing fields of law. The EU and its Member States and many other governments outside the EU have introduced or are a
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Trade Law and Sanctions
In an increasingly challenging international business world, we help companies to remain compliant and keep supply chains moving. With export control
Unfair Competition
Potential civil law claims related to acts of unfair competition involve not only competition-related private enforcement resulting from anticompetiti
ACT - Unfair trading practices 925x290
Unfair Trading Practices (UTP)
We are at the forefront of advising clients in the field of unfair trading practices which is a relatively new field of law in many countries, includi
Electrical cable close-up
Vertical Agreements
We give clients confidence in their relationships with suppliers, resellers and customers, online and offline. By reviewing their distribution systems

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12/03/2024
After EU Commission's first decision on Carbon Contracts for Difference,...
The European Commission approved the first Carbon Contracts for Difference (CCfD) scheme under the new Guidelines on State aid for climate, environmental protection and energy 2022 (CEEAG).Fol­low­ing the...
07/03/2024
Practical guidance on how to assess the existence of aid for risk financing...
On 26 January 2024, the Commission adopted practical guidance for Member States on assessing the existence of State aid for measures aimed at facilitating access to financing for certain busi­nesses.Risk...
05/03/2024
European Commission authorises EUR 550 million Italian hydrogen aid scheme
On 30 January 2024, the European Commission authorised an Italian hydrogen aid scheme with a budget of EUR 550 million under the Temporary Crisis and Transition Framework.The Green Deal industrial planThe...
22/01/2024
State aid: The European Commission approves an Italian aid scheme for the...
On 15 January 2024, the European Commission approved a EUR 120 mil­lion Italian aid scheme for all airlines establishing new connections between one of the three airports in Calabria, namely Tito Minniti...
27/11/2023
State aid: Temporary Crisis and Transition Framework extended
The European Commission has adjusted the timetable for phasing out the provisions of the State aid Temporary Crisis and Transition Framework after sending Member States this proposal for partial adjustment...
18/10/2023
State aid: The Court of Justice of the EU annuls the judgment of the General...
The European Commission's decision of 31 July 2017  On 7 April 2017, Germany notified the Commission of its plan to grant operating aid to Frankfurt-Hahn airport to cover the deficit of its operator...
24/08/2023
Retailer's guide to Poland
We are delighted to present the CMS Retailer’s Guide to Poland. The retail business has its own specifics that require tailor-made legal solutions. This guide provides an analysis of the key areas of...
10/07/2023
In-depth investigation by the European Commission into Danish and Swedish...
In August 2020, Denmark and Sweden notified the European Commission of their plans to provide support in the form of recapitalisation measures for the airline SAS.As a result of pandemic-related travel...
26/06/2023
Revised guidance on the application of EU State aid rules in the UK post-Brexit
On 9 June 2023, the European Commission (“EC”) adopted a revised Notice on the application of the EU State aid rules to the UK following the end of the Brexit transition period.  On the same day...
01/06/2023
State aid: following appeals by Ryanair, the General Court of the EU annuls...
On 11 May 2023, the General Court of the EU cancelled two European Commission decisions authorizing State aid in the form of capital injections for the airlines SAS and Deutsche Lufthansa, in particular...
25/05/2023
Poland drafts bill to encourage investment in biogas and biomethane projects
The Polish government has adopted a bill amending the Renewable Energy Sources Act that is expected to facilitate the development of biogas and biomethane projects. This draft legislation, which was sent...
18/05/2023
European Commission's public consultation on the extension of operating...
The European Commission has recently submitted for public consultation its draft communication extending the transitional period for operating aid that can be granted to regional airports under the 2014...