Distribution and commercial contracts

Price-fixing or setting minimum retail prices, among other practices, are therefore prohibited. Polish Office of Competition and Consumer Protection (OCCP) regularly imposes high fines for such pricing. Competition law also regulates other aspects of distribution, such as exclusive dealing (single branding) or territorial resale restrains.

Many industries have their own approach to distribution. Our lawyers understand business and are experienced in advising on the regulations relevant to distribution schemes.

We have also assisted companies accused by the national competition authority of being a party to anticompetitive agreements.

Cases of note currently being handled by our team with respect to anticompetitive agreements:

  • representation of INCOM S.A. in its appeal against a decision of the President of OCCP finding the company responsible for bid rigging
  • representation of Integrit S.A. in its appeal against a decision of the President of OCCP finding the company responsible for bid rigging
  • representation of Grupa Inco S.A. (producer of “Ludwik”) in a retail price maintenance case
  • representation of Anyro & Co. sp. z o.o. in its appeal against a decision of the President of OCCP concerning retail price maintenance
  • representation of P.H.U. Jubiler sp. z o.o. in its appeal against a decision of the President of OCCP concerning retail price maintenance
COMPETITION

Competition law penetrates all branches of industry, impacting businesses of all scales. The severe sanctions and imprecise law make it a potential minefield, even for the most experienced entrepreneurs.

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01

Market dominance

A large market share – even market dominance – is often no more than the fruit of sustained ...

02

Mergers

Mergers between companies and various forms of acquisition change the market situation. Therefore, ...

03

Competition Compliance

Non-compliance risks are real and significant – and investing in a solid compliance policy always ...

04

Distribution and commercial contracts

Commercial contracts, including distribution agreements, are daily business for nearly all ...

05

Antimonopoly proceedings

A competition law infringement will lead to instigation of antimonopoly proceedings by the national ...

06

Competition authority inspections

Both Polish and European competition authorities are entitled to inspect and search a company’s ...

07

Consumer law

Recent years have seen an increase in fines imposed by the President of OCCP for infringement of ...

08

State aid

State aid of any form has a distorting effect on the natural mechanisms of competition. For this ...

COMPETITION

Competition law penetrates all branches of industry, impacting businesses of all scales. The severe sanctions and imprecise law make it a potential minefield, even for the most experienced entrepreneurs.

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REGULATION

Operating on regulated markets means constantly taking into account the impact of the regulatory authorities. Not only can we assist you in understanding the rules governing your regulated market; we can advise you on how to optimise your business model.

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LITIGATION

The nature of doing business means that even the most conciliatory contractor can find itself caught up in a dispute, whether in court or not. When such an unpleasant situation arises, it is vital to set the right goals, be consistent in pursuing them and to be on the lookout for optimum solutions...

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