Along with growth of the organization and taking initiative on the market, firms must increasingly deal with the challenges of competition law. To avoid accusations of impermissible market practices while maintaining steady business growth, it is essential to have a thorough knowledge of the regulations protecting competition and the skill to function effectively within that legal framework. For many years KPMG Law has provided advisory services in the area of antitrust law, involving horizontal and vertical arrangements between undertakings and abuse of a dominant position, and has also advised on transactions involving concentrations of undertakings, particularly including proceedings before the Office of Competition and Consumer Protection (UOKiK) and the European Commission.
What is competition law, and why is it so important?
This field includes antitrust law, control of concentrations of undertakings, combatting unfair competition, and protection of the collective interests of consumers.
Challenges for businesses related to competition law
- Conducting business in a manner enabling the undertaking to maintain the competitiveness of its goods and services without raising suspicions of impermissible forms of cooperation with other undertakings
- Refraining from activities that could be regarded as participation in anticompetitive arrangements or, when an undertaking has particular strength on the market, abuse of a dominant position
- The need to participate in proceedings before the President of the Office of Competition and Consumer Protection involving market research and to obtain approval for concentrations
Competition law—benefits from legal assistance
KPMG Law support in competition law
Anticompetitive arrangements and abuse of a dominant position
We provide comprehensive advice on cartel matters, including the leniency regime. We draft and analyse distribution agreements and agency agreements and assist clients in matters involving abuse of a dominant position. When needed, we support clients during inspections by UOKiK or the European Commission.
We conduct analyses of the behaviour of undertakings in terms of their compliance with competition laws, and review the provisions they apply in their contracts. We also draft appropriate procedures and internal regulations facilitating and strengthening compliance with competition law by employees and associates (competition compliance programme).
We provide advice on compliance with principles of fair competition and conduct training for businesses to raise their awareness of the applicable legal regulations and the practices followed during inspections.
Our team represents clients in proceedings under competition law conducted by national and EU authorities, and support clients in cases seeking damages for behaviour of counterparties infringing competition law (private enforcement).
Concentrations of undertakings
The team at KPMG Law provides advices on concentrations of undertakings, including sale of shares, mergers, divisions, corporate acquisitions, and joint ventures, with particular attention to proceedings before UOKiK and the European Commission.
Combatting unfair competition and protection of the collective interests of consumers
We provide legal assistance in combating unfair competition. In particular, we analyse market practices in terms of infringement of the applicable regulations and represent clients in contentious proceedings before the courts and UOKiK.
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