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Competition Law in Poland after 1 May 2004 – key issues

Competition Law in Poland after 1 May 2004 – key issues. Presentation at the AmCham competition panel Warsaw 13 th April, 2005. Dr Marta Sendrowicz, Baker & McKenzie, Warsaw. I. Summary. Introduction Competition law matters that gained importance after 1 May 2004

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Competition Law in Poland after 1 May 2004 – key issues

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  1. Competition Law in Poland after 1 May 2004 – key issues Presentation at the AmCham competition panel Warsaw 13th April, 2005 Dr Marta Sendrowicz, Baker & McKenzie, Warsaw

  2. I. Summary • Introduction • Competition law matters that gained importance after 1 May 2004 • New features of European competition law • Future of damage cases under European and Polish law

  3. II. Introduction • Importance of competition law in Poland before and after 1 May 2004 • Direct applicability of European competition law in Poland – consequences for businesses • Enforcement of European and Polish competition law by the Polish Competition Office (PCO) and national courts • Enforcement powers of the and the European Commission v. enforcement problems in the PCO

  4. III. Competition matters that gained importance after 1 May 2004 • „Self-assessment” obligation imposed on companies – notification system abandoned • General competition law advice covering any area of companies’ practices where competition concerns usually arise (e.g. distribution matters, commercial agreements, cases regarding abuse of a dominant position, etc.)

  5. IV. Competition matters that gained importance after 1 May 2004 (con’d) • Competition compliance programmes that aim at identifying competition law problems that companies have and at solving those problems • Mergers – obtaining a clearance of the European Commission • Representing clients in various types of proceedings before the European Commission (most often assistance during multi-jurisdictional dawn-raids)

  6. V. New features of European competition law • Economization in the context of merger cases • Recent developments in dominance cases? • Greek Glaxo case and the opinion of Advocate General Jacobs – American way of analysing dominance cases?

  7. VI. Future for damage cases under European and Polish law • European rules on individual complaints • Courage v. Crehen case – damage cases as a logical consequence of a breach of competition rules • Assessment in light of Polish law

  8. Dr Marta Sendrowicz Baker & McKenzie Gruszczyński i Wspólnicy Kancelaria Prawna Budynek Focus Al. Armii Ludowej 26 00-609 Warszawa Tel. (+48 22) 576 3430 Fax. (+48 22) 576 32 00 E-mail:marta.sendrowicz@bakernet.com

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