Edyta Niemyska
Partner / Attorney-at-Law / LL.M.
Edyta is a leading Polish expert on competition, state aid and public procurement law. She is also an expert on laws and regulations relating to the use of EU funds.
State Aid and EU Funds
Edyta advises investors; infrastructure owners and operators; entities performing services of general economic interest (SGEI), including in regulated sectors such as the transport and media sectors, PPP project participants, and beneficiaries profiting from EU funds; as well as entrepreneurs, on the laws related to State Aid and EU funding. She supports clients in planning, obtaining and applying investment support instruments, in transactions including the relocation of operations, the incumbrance or transfer of subsidized assets, the acquisition of shares, spin-off of parts of an enterprise or reduction of the scope of operations (downsizing), as well as in restructuring processes.
She represents entrepreneurs in proceedings before the European Commission and before authorities granting support from public funds (including, among others, PARP and NCBiR).
Public Procurement Law
In the field of public procurement law, Edyta has vast experience including, among others: comprehensive advisory services when selecting the most advantageous public procurement procedure for ordering parties, advisory services and preparation of documentation for ordering parties, support for contractors in public procurement procedures, preparation of specialist opinions for ordering parties and contractors, including those concerning abnormally low prices and collusive tendering.
In public procurement matters, she regularly represents clients before, inter alia, the National Appeal Chamber and audit authorities.
Competition Law
In respect to Competition Law, Edyta supports clients in evaluating anticompetitive arrangements and distribution systems, and abuses of a dominant position. She represents businesses before the competition authority in obtaining approvals for concentrations.
Edyta has developed and implemented antitrust compliance programs. She has worked on antitrust proceedings concerning anticompetitive arrangements before the president of the Office of Competition and Consumer Protection (UOKiK) and the Court of Competition and Consumer Protection. She has also advised clients on proceedings involving review of concentrations of undertakings before the president of UOKiK and the European Commission.
Since 2004, Edyta has been a Your Europe Advice legal expert at the European Commission representing Poland. Since 2011, she has been registered on the list of legal advisors at the Regional Chamber of Legal Advisors in Warsaw.
Member of the Competition Law Association and the Public Procurement Law Association.
Competition & Antitrust law leader 2023, Rzeczpospolita
Graduate of the Faculty of Law and Administration at Maria-Curie Skłodowska University in Lublin.
A student of the two-year study program at the British Centre for English and European Legal Studies organized by the University of Cambridge in cooperation with the Faculty of Law and Administration of the University of Warsaw. She participated in the International Competition Law in International Practice Diploma program organized by the College of Law in London and the International Bar Association. Postgraduate Studies in Competition Law at the Institute of Legal Sciences of the National Academy of Sciences. Graduate of the Master's degree in Competition Law at the Vrije Universiteit Brussel (VUB) with an LL.M. degree. Doctoral student at the Institute of Legal Sciences of the Polish Academy of Sciences.
GDAŃSK SHIPYARD - Advising in the process of notification of public aid to the European Commission.
Agencja Badań Medycznych (state agency)- Supported the process of creating aid program, including grant agreements for the implementation of research and scientific projects concerning clinical trials, analysis of competition regulations and state aid matters(incl. GBER, SGEI).
Center of Oncology of the Lublin Region St. John of Dukla (COZL) - Developing documents and procedures for a contract award, and represented COZL in proceedings related to public procurement.
Millward Brown S.A. - Successfully representingthe company in proceedings involving a case of a grossly low price applied by a competitor in a public contract.
KENBIT, KOENIG AND PARTNERS - Advising on tenders organized by the Polish Army for the creation and integration of communication and IT equipment and software.
The largest national construction group- Advising in projects to assess and minimize the risk of aid reimbursement involving EU funding.
A company from the biotechnology industry – Advising on minimizing the risk of state aid repayment in a failed animal research project, which later transitioned to human testing.
A company from the energy industry - Assessing the admissibility and method of granting and using financing , ensuring compliance with state aid conditions.
A company from the IT industry - Providing comprehensive advice on changing the business model due to an agreement on co-financing from EU funds, including advising on asset distribution to related entities.
Korean company listed on KOSPI -Providing comprehensive legal advice in merger clearance proceeding, including assessment of the transaction in the light of FSR requirements.
Leading media company in Poland - Advising on the process of notifying the intention of concentration.
Manufacturing company from foundry and metallurgy industry– Representing the company in the case involving enforcement of antitrust law before the national court (private enforcement) as well as before the European Commission.
Global producer from the food and beverage industry - Advising on proceeding before the President of UOKIK on concentration. Advising in the post-merger phase of the M&A process (Post Merger Integration (PMI)) on, among other things, the reorganization of distribution channels on the Polish market.
Global media group -Advising on the M&A process, including the proper implementation of the obligation to refrain from the concentration until the President of the UOKIK issues a decision. Advising on minimizing the risk of allegations of abuse of dominant position manifested in refusal to deal and restriction of market access.
NEXT -Advising the multinational retail seller on a sales campaign and competition and consumer rights related to the campaign.
Estee Lauder – Advising the multinational cosmetics company on a sales campaign and competition and consumer rights related to the campaign.