Competition and consumers

We operate in all areas of competition law. We have a comprehensive approach to analysing the relationship between the provisions of competition law, intellectual property law, consumer law, and personal data.

Competition and antitrust law:

  • We have more than 10 years of experience in providing antitrust services to companies from the heavy industry, FMCG, financial institutions as well as the widely understood media and advertising industry
  • We advise clients in all areas of competition law, both in the context of national law, as well as European regulations
  • We prepare consolidation notifications and issue opinions on the transaction’s structure in terms of an obligation to report it
  • We represent clients in proceedings before the President of the OCCP, the European Commission and common courts, regarding widely understood competition law
  • We issue opinions on agreements (e.g. distribution, agency, franchise and specialisation agreements) in the light of the prohibition to enter into anti-competitive agreements and a possibility to take advantage of the exemptions from complying with competition law
  • We support entrepreneurs with a strong market position in shaping their sales strategies, particularly with regard to maintaining the freedom to create distribution policies and discount schemes
  • We prepare and support the implementation of compliance programmes and anti-monopoly audits
  • We advise entrepreneurs during inspections and searches carried out by the President of the OCCP and the European Commission, as well as within the scope of using leniency programmes
  • We also have extensive experience in advising retail and e-commerce entrepreneurs. In this regard, the LSW lawyers prepare and consult terms and conditions of consumer promotions and competitions, terms of services and privacy policies of online stores, websites and mobile applications, as well as all marketing communications to consumers. In addition, we support clients in labelling and product safety
  • LSW lawyers acquired their professional experience such institutions as the European Commission and the Office for Competition and Consumer Protection
  • Our lawyers are members of the Competition Law Association, lecturers of the Faculty of Law and Administration of the University of Warsaw, School of Economics, the Kozminski University and the Hugo Grotius Intellectual Property Law Centre, and frequent speakers at conferences on broadly understood competition law

Consumers:

  • We implement regulations on labelling and placing on the market
  • We provide marketing support
  • We conduct analyses of the regulations of online stores and websites, mobile applications, and privacy policies
  • We advise on combating unfair market practices
  • We issue opinions on the documentation of consumer credits
  • We conduct trainings on personal data protection







Joint venture agreement between competitors in the Construction Industry

The lawyers of our firm advised a company in the construction sector on competition law, in a joint venture with a competitor, which involved conducting joint production and mutual services, through a joint venture and on the basis of a contract.

National Capital Fund

The LSW team filed an application of merger intent involving funds from VC and the National Capital Fund, as part of a project with funding from the NCF, leading to the OCCP making the decision authorize the merger

Fusion of steel product distributors

LSW lawyers advised in the merger of entities in the steel products market. They made a merger notification, which led to the OCCP adopting the decision to authorise the merger.

Unfair competition - comparative advertising

LSW lawyers reviewed comparative advertising for a manufacturer of FMCG, and represented the manufacturer in disputes relating to unfair competition relating to misleading advertising and comparative advertising.

Selective distribution agreements for luxury goods

LSW lawyers reviewed selective distribution agreements for entrepreneurs in the luxury goods industry, which were then positively verified in proceedings conducted by the President of the OCCP.

Service provider in the field of market monitoring

LSW lawyers filed a notice to the OCCP regarding a suspicion of market participants using restrictive practices, which resulted in an investigation by the President of the OCCP.

Supplier operating on the FMCG products supply market

LSW lawyers advised in terms of contractual clauses in distribution, including pricing policies and conditions of promotion used by the operator on the FMCG products supply market. LSW experts advised, inter alia, on the application of the exemptions provided for vertical agreements from the prohibition on restrictive agreements.

Brewer

The LSW lawyers advised an operator on the market of beer production and sales.

Operators in the medical and paramedical goods market

The LSW team advised on the identification of commercial risks associated with sales systems and business models. The team prepared, inter alia, franchise agreements, distribution and agency agreements. The promotion policy, and after-sales policy and funding of services were also assessed.

Support for compliance and antitrust auditing

For entrepreneurs in the power and automation management market LSW lawyers prepared and implemented a compliance program and conducted an antitrust audit.

Support during inspections and searches

LSW lawyers supported an entrepreneur in polymer manufacturing and processing, in relation to an inspection carried out by the European Commission and the use of the leniency program.

Investigative proceedings and research in the FMCG sector

Our lawyers represented a FMCG manufacturer in investigations and in sector research conducted by the President of the OCCP on the pet food market.

Communication between suppliers and distributors in the FMCG and home appliance sectors

As part of on-going legal services for entrepreneurs in the FMCG and home appliance sectors, the LSW lawyers have supported clients in terms of ensuring legal safety of communication between suppliers and distributors, including communication regarding resale prices and margins, as well as preparing practical do’s and don’ts in this area.

Trainings in quick response to business threats

On behalf of a producer in the FMCG sector, LSW lawyers conducted trainings concerning quick reactions to business threats, and they also supported the Corporate Communication department in crisis situations.

Proceedings before the CCCP relating to enrolment of abusive clauses

Our lawyers have represented a number of clients in proceedings before the Court of Competition and Consumer Protection concerning the entry of abusive clauses provisions contained in templates for registration, effectively preventing the aforementioned entries. They represented:  one of the leading banks in proceedings before the Court of Competition and Consumer Protection regarding the registration of a number of provisions of the regulations of issuance and use of credit cards in the register of abusive clauses; a large publisher in proceedings relating to the registration of provisions contained in the regulations of online stores cooperating with the entity; a FMCG manufacturer in proceedings relating to the registration of provisions contained in the regulations of a consumer promotion.

Online sales in the FMCG sector

Lawyers in our law firm have advised several entities in the FMCG industry in preparing legal documentation for online shops selling to consumers (B2C). We prepared the entire legal documentation regarding the operations of online shops (such as: rules and regulations for shop operations, privacy policy, cookies, consumer notifications). Within this, we advised on matters of internal compliance sales procedures of online shops and communication to consumers based on consumer regulations.

Preparing rules and regulations for online shops, websites and mobile apps in the home appliance sector

As part of on-going services for a home appliance manufacturer, the LSW lawyers created rules and regulations for an online shop, as well as rules and regulations and privacy policies for websites. Additionally, they advised on the creation of terms and conditions for mobile apps installed on individual users’ devices.

Preparing terms and conditions of consumer promotions, contests and loyalty programs and consulting on advertising communication directed at consumers for a drugstore chain

The LSW lawyers supported a drugstore chain entering the Polish market in preparing terms and conditions of promotions and consumer contests as well as loyalty programs, and also in consulting on advertising communication directed at consumers.

Preparing terms and conditions of promotions and consumer contests for a home appliance manufacturer

As part of our on-going services, our lawyers advised a leading home appliance manufacturer regarding the preparation of terms and conditions of promotions and consumer contests, and also regarding advertising communication directed at consumers.

Marketing activities of a software producer

The lawyers of the law firm advised a leading software producer on matters regarding their online and offline marketing activity being in compliance with antitrust law and consumer law.

Unfair competition – comparative advertising

LSW lawyers reviewed comparative advertising for FMCG manufacturer and represented the manufacturer in disputes regarding unfair competition relating to misleading advertising and comparative advertising.

Reviewing documentation relating to credit cards for one of the banks

On behalf of one of the leading banks, LSW lawyers consulted on documentation regarding the issuance and use of credit cards in regards to compliance with consumer regulations and the Consumer Credit Act.

Reviewing documentation regarding the recovery and the amount of fees for one of the banks

Working for one of the banks, the LSW lawyers consulted on documentation relating to recovery procedures and the amount of fees charged in said procedures for compliance with consumer regulations.

Reviewing drafts of developer agreements for a leading developer

LSW lawyers reviewed drafts of development agreements for one of the leading developers, screening the drafts for compliance with consumer regulations and the law on consumer rights, and the so-called. Developer Act.

Proceedings regarding incorrect product labelling

Our lawyers represented a pet food producer in proceedings regarding the accusation of incorrect labelling of products and organizing a sales system that can mislead consumers in regards to the content of the pet food. In the end, the President established that there are no grounds for the accusations and discontinued the proceedings.

Advice on food safety for a FMCG producer

The LSW lawyers supported a leading producer in the FMCG sector in regards to broadly defined food laws, including labelling food products, as well as labelling pet food. Additionally, the lawyers represented the client in disputes with the National Trade Inspectorate regarding the labelling of food products, as well as in disputes with the Veterinary Inspectorate in regards to labelling pet food.

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