OUR ANTITRUST ALL-OVER “TOP TEN”:
- Successful argumentation convincing the Polish authority to convert the already issued merger prohibition decision into an acceptable remedy decision.
- Convincing the authority to close a phase 2 of a complex merger investigation and decide the case still in phase 1, once a phase 2 has already been opened.
- Obtaining a comfort letter of the authority confirming that the potentially notifiable foreign joint venture does not need to be notified in Poland, based on a precedential approach to the “effect principle”.
- Securing an unconditional clearance decision in a 3-to-2 merger on the media market.
- Convincing the authority to drop cartel charges based on the concept of “parallel behavior”.
- Successfully propose to the authority to apply the criminal law principle “in dubio pro reo” in a leniency case involving conflicting evidence as to which undertaking was the initiator of a cartel.
- Obtaining a decision of the authority confirming that an incremental rebate scheme of a dominant entity is legally admissible.
- Successful court case confirming that a dominant market player did not commit an abuse through a refusal to supply.
- Obtaining a ruling of the Court of Appeals confirming that the client’s sale system was not a distribution but an agency, despite resale price maintenance charges raised by the authority based on the wording of the pertinent agreement.
- Obtaining a court injunction prohibiting the authority to issue a cartel decision before the procedural aspect of access to the files will have been settled.