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dr Marcin Kulesza
New EU regulation on vertical agreements: Changes to distribution rules
Since 1 June 2022, a new Vertical Block Exemption Regulation from the European Commission has been in force, setting out the rules for application of EU competition principles to cooperation between suppliers and buyers, in particular distribution. Some forms of vertical collaboration that were previously allowed are now banned. Others have been brought under the protection of the block exemption, meaning that they are now allowed. Some changes can be considered revolutionary.
EU competition law in Norway? The EFTA Surveillance Authority decision in Telenor
Telenor, a Norwegian telecom, abused its dominant position. This was the ruling pronounced by the EFTA Surveillance Authority under the rules in force in the European Economic Area. The case is worth examining, as the powers of this body also cover the European Union and may apply to the activities of Polish companies.
Merger control during the epidemic
In light of the difficulties associated with the coronavirus epidemic, and joining the global trend under the hashtag #flattenthecurve, competition authorities around the world, including Poland, are introducing, more or less officially, extraordinary operating procedures to avoid spreading the coronavirus. This can have a major impact on proceedings before these authorities, including filing and consideration of applications seeking approval of concentrations.
Italian court says Facebook isn’t free
competition, new technologies
An interesting ruling has been handed down in Italy in a case involving Facebook’s violation of the collective interests of consumers and data protection. The court held, contrary to common opinion and the social media site itself, that Facebook is not free.
UOKiK targets persons in management positions
For the first time, the president of the Office of Competition and Consumer Protection (UOKiK) is conducting antimonopoly proceedings concerning competition-restricting agreements not only concerning businesses, but also persons managing them. This is a milestone in the history of enforcement of competition law in Poland. An outline of the rules regarding liability of persons managing a business and business enterprise in the context of prohibited agreements follows.
New approach to pursuing private claims for damages for infringement of competition law
already in force, competition
An act seeking to strengthen the position of private claimants seeking damages for violation of competition law entered into force in Poland on 27 June 2017. A wave of articles have washed through the legal and business press with nearly identical titles stressing that it will be easier to win damages for losses caused by anticompetitive arrangements. But is that really the case? It will certainly be easier to try.
Will there be lots of whistleblowers? A new antitrust tool for the European Commission
The idea of using whistleblowers to uncover and combat anticompetitive arrangements is spreading ever wider. Recently the European Commission announced introduction of such a tool.
The (in)effectiveness of leniency: Will Poland start paying whistleblowers?
The Polish competition authority openly admits that its resources, particularly its people, are inadequate to achieve satisfactory results at uncovering cartels, and the leniency programme has not generated the hoped-for effects. The proposed solution is to reward whistleblowers.
Court of Justice: No legal connection between national leniency programmes and ECN model programme
competition, European Court of Justice
In the EU system of antitrust law, the European Commission and the member states are autonomous in their application of leniency programmes. The soft harmonisation via the European Competition Network’s Model Leniency Programme is not binding on national competition authorities.
Changes in Poland’s competition law
already in force, competition
An amendment to the Competition and Consumer Protection Act went into force on 18 January 2015. The changes are sweeping.
New guidelines from the European Commission on de minimis agreements
competition, new provisions
A communiqué from the European Commission on de minimis agreements exempt from TFEU Art. 101 has been published in the Official Journal of the European Union.
American prosecutors nab alleged antitrust violator in Europe
For the first time, the US Department of Justice has succeeded in extraditing an EU citizen on antitrust charges.