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The right to demand production of evidence from an adversary in Polish civil litigation
The recent introduction into the Polish legal system of the possibility of applying for disclosure of evidence in the other party’s possession in cases alleging antitrust violations has stirred a debate over the treatment of evidence in Polish civil procedure. Should parties be given a broader right to demand production of evidence by the other side?
The right to demand production of evidence from an adversary in Polish civil litigation
New approach to pursuing private claims for damages for infringement of competition law
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.
New approach to pursuing private claims for damages for infringement of competition law
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.
Will there be lots of whistleblowers? A new antitrust tool for the European Commission
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.
The (in)effectiveness of leniency: Will Poland start paying whistleblowers?
How fines are calculated for failure to notify a concentration
The potential fine for carrying out a concentration without obtaining the required approval of the president of the Office of Competition and Consumer Protection (UOKiK) is up to 10% of the annual turnover of the enterprise, even if the failure was not wilful. A manager or board member who fails to make a required notification may have to pay as much as PLN 200,000. But what circumstances does the competition authority consider when determining the amount of the fine?
How fines are calculated for failure to notify a concentration
Joint ventures can be risky
Creation of a joint venture by competitors, or obtaining joint control over a competing company through acquisition of its shares, may give rise to significant antitrust risks. Obtaining approval for the transaction from the competition authority may not ensure legal safety when competitors intend to pursue joint business initiatives.
Joint ventures can be risky
Court of Justice: No legal connection between national leniency programmes and ECN model programme
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.
Court of Justice: No legal connection between national leniency programmes and ECN model programme
Changes in Poland’s competition law
An amendment to the Competition and Consumer Protection Act went into force on 18 January 2015. The changes are sweeping.
Changes in Poland’s competition law
New guidelines from the European Commission on de minimis agreements
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.
New guidelines from the European Commission on de minimis agreements
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.
American prosecutors nab alleged antitrust violator in Europe
The competition authority is open to negotiations
It is apparent from recent events that competition authorities, both in Poland and at the EU level, are seeking to eliminate violations through “amicable” methods of dispute resolution.
The competition authority is open to negotiations
Ban on use of "Big Four-only" clauses
With planned changes to EU regulations governing the audit market, contractual clauses limiting the selection of audit firms will have to be removed from credit agreements.
Ban on use of "Big Four-only" clauses