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Founded in 2013
6 people in their team
English
Corporate & Commercial Antitrust Administrative +20 more
Ząbkiewicz Przełomski & Partners is a Suwałki law firm providing legal services to individuals, businesses and companies. Its team includes advocates, an attorney-at-law, trainee advocates and mediators, with experience across civil, criminal, family, commercial, administrative and employment...
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When Suwałki businesses need competition-law advice

Competition law applies in Suwałki just as it does elsewhere in Poland. It can affect local retailers, construction companies, transport operators, suppliers, and businesses bidding for public contracts.

Issues may arise from agreements on prices or customers, coordinated tender bids, abuse of a strong market position, or a proposed merger. Because Suwałki is close to the Lithuanian border, arrangements involving trade across the border may also raise European Union competition-law questions if they affect trade between member states.

Poland’s Office of Competition and Consumer Protection (UOKiK) enforces national competition rules. Depending on the conduct and its effects, the European Commission or another national competition authority may also be involved. A local lawyer can assess where a complaint or filing belongs and whether a matter calls for negotiations, a report to an authority, or court proceedings.

Situations where a competition-law lawyer can help

  • Public tenders: A Suwałki contractor suspects that competitors coordinated bids for a municipal construction or service contract. A lawyer can assess the evidence, advise on reporting options, and help prepare a response if an authority investigates.

  • Supplier or competitor contacts: A local retailer, builder, or distributor is asked to share future prices, divide customers, or agree not to compete in particular areas. Legal advice can help distinguish ordinary commercial discussions from prohibited coordination.

  • Border-related distribution: A business trading with Lithuanian suppliers faces restrictions on resale, territories, or customer access. A lawyer can assess whether Polish or EU rules apply and whether the arrangement may restrict competition.

  • Dependence on a powerful supplier or buyer: A Suwałki business faces sudden termination, discriminatory terms, or refusal of access to an important supply or distribution channel. Advice can help assess whether the conduct may amount to an abuse of dominance or another competition concern.

  • Merger or acquisition: A company plans to buy a competitor or combine operations and needs to determine whether notification to UOKiK is required. A lawyer can assess the transaction, applicable thresholds, and filing timetable before completion.

Polish and EU rules that may apply

Act of 16 February 2007 on Competition and Consumer Protection: This is Poland’s main competition statute and entered into force on 21 April 2007. It addresses restrictive agreements, abuse of dominance, merger control, and UOKiK’s enforcement powers.

Treaty on the Functioning of the European Union, Articles 101 and 102: These provisions prohibit certain restrictive agreements and abuse of a dominant position where conduct may affect trade between EU member states. They can matter to Suwałki businesses whose arrangements extend into Lithuania or otherwise affect cross-border trade.

Council Regulation (EC) No 1/2003: Applicable since 1 May 2004, this regulation sets procedures for applying EU competition rules and enables cooperation between the European Commission and national competition authorities. It is relevant when conduct in Poland may also affect competition across the EU.

Frequently asked questions

Do I need a competition-law lawyer for a dispute with a competitor?

Not every commercial disagreement raises a competition-law issue. Advice is useful when the facts involve coordinated prices, divided customers or markets, exclusion from a market, or a proposed merger.

Which authority handles competition complaints in Suwałki?

UOKiK is Poland’s national competition authority, and its rules apply in Suwałki. The European Commission may handle matters affecting trade across the EU, while national authorities can apply EU rules in appropriate cases.

Can I report suspected bid coordination in a public tender?

Yes. Suspected collusion can be reported to UOKiK, and the contracting authority may also have duties under public procurement rules. Preserve bid documents, messages, meeting notes, and a clear chronology before making a report.

Will UOKiK resolve my private loss or award compensation?

UOKiK investigates conduct that harms competition in the public interest; it does not generally act as a private representative seeking an individual’s damages. A lawyer can assess whether a separate civil claim may be available and what evidence it would require.

Do small Suwałki businesses have to follow competition rules?

Yes. The rules can apply to businesses of any size, although the legal and economic assessment depends on the conduct and market context. A small company may still face risk if it joins a price-fixing or bid-coordination arrangement.

When must a planned merger be notified in Poland?

Notification may be required when the parties’ combined turnover exceeds statutory thresholds, subject to the rules and exemptions in the Polish Act on Competition and Consumer Protection. A lawyer should check the parties’ turnover and transaction structure before signing or closing.

How long can a UOKiK merger review take?

The statutory review period depends on whether the matter can be decided in the initial phase or requires further examination. Requests for information and other procedural events can affect the timetable, so transaction documents should account for possible delays.

What should I do if UOKiK contacts my business?

Check the scope and deadline of the request, preserve relevant records, and avoid speculative or incomplete answers. A lawyer can help coordinate a response and advise employees on interviews or inspections.

What might a competition-law lawyer cost?

Fees depend on the matter’s complexity, urgency, and whether it involves a short consultation, a filing, an investigation, or litigation. Ask for a written scope of work and fee arrangement; there is no single local tariff for private legal services.

Can a Suwałki lawyer represent a business before UOKiK or a court?

A Polish advocate (adwokat) or legal adviser (radca prawny) may provide legal representation within the rules governing that profession. Ask about direct experience with UOKiK proceedings and appeals before the Competition and Consumer Protection Court in Warsaw.

Does a cross-border deal with Lithuania automatically fall under EU competition rules?

No. Cross-border activity alone does not determine which rules apply. The key question is whether the conduct or transaction meets the relevant legal tests, including its effect on trade between EU member states and any applicable merger thresholds.

Official resources

  • Office of Competition and Consumer Protection (UOKiK): Poland’s authority for investigating restrictive agreements, abuse of dominance, and merger notifications. It also publishes information on complaints and enforcement proceedings.

  • Public Procurement Office (Urząd Zamówień Publicznych): Provides official information and guidance on Poland’s public procurement system. Its materials can help contracting authorities and bidders understand procurement procedures, including concerns about tender conduct.

  • European Commission, Directorate-General for Competition: Enforces EU competition rules in matters within the Commission’s remit and provides official information on EU competition policy and procedures.

Steps to find and hire a competition-law lawyer

  1. Identify the issue: Write a short timeline of events and note whether the matter concerns a tender, competitor contact, supplier conduct, a merger, or an authority inquiry. Do this before an initial consultation.

  2. Preserve relevant records: Keep contracts, bids, emails, price lists, messages, and authority letters in their original form. Do not delete or alter potentially relevant material.

  3. Find suitable Polish counsel: Search for an advocate or legal adviser with competition-law experience and check professional credentials. Consider whether the lawyer has handled UOKiK matters, merger filings, or competition appeals.

  4. Arrange an initial consultation: Contact suitable lawyers promptly, especially if a response deadline or transaction date is approaching. Provide a concise summary and ask whether the matter falls under Polish, EU, or both sets of rules.

  5. Compare scope and fees: Ask what work is included, who will handle it, how fees are calculated, and whether additional costs may arise. Obtain the agreed scope and payment terms in writing before work begins.

  6. Agree on an action plan: Confirm immediate deadlines, evidence to collect, and who will communicate with the authority or other parties. For a merger, obtain advice before closing; for an investigation, respond within the stated deadline.

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Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

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