Market dominance

Dominance concerns various scales of activity: a company may be dominant on the European market, in a European region, on a national market or even on a local one – what decides are the product and geographic market definition. On average, the Polish Office of Competition and Consumer Protection issues from ca. 50 to 70 decisions yearly forbidding abuse of dominant position and fining companies up to 10% of turnover for the previous financial year.

For companies facing “dilemmas of dominance”, we offer:

  • dominance test: are you dominant? On which market do you operate and what is the scale of your business?
  • ongoing support in the key business decisions to avoid charges of abuse of dominant position
  • for companies facing charges pressed by national or European authorities – representation and advice in antimonopoly proceedings, including at the court stage
  • risk management - design and implementation of compliance programmes

For companies exposed to dominants’ practices, we offer: risk identification, planning action to stop abuse and consultation on potential intervention with national or the EU authorities.

We currently acting in a number of cases involving abuse of dominant position, including:

  • representing Telekomunikacja Polska before the EU Court in an appeal against a European Commission decision finding abuse of dominant position
  • advising dominant undertakings on shaping sales policies and market strategies that comply with competition law.
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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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.

more
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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