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Dęmski Mirosław, adwokat
Augustów, Poland

Founded in 2010
1 person in their team
English
Dęmski Mirosław, adwokat is a solo law practice in Augustów led by attorney Mirosław Dęmski. The practice assists individual clients and businesses in civil, family, criminal, and administrative matters, with work involving property, inheritance, and compensation claims.Its services include...
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Poland Antitrust Litigation Legal Questions answered by Lawyers

Browse our 2 legal questions about Antitrust Litigation in Poland and read the lawyer answers, or ask your own questions for free.

Can my logistics firm claim compensation in a Polish court against truck manufacturers fined for price fixing?
Lawsuits & Disputes Antitrust Litigation
My transport company in Warsaw bought several commercial vehicles at heavily inflated prices due to an illegal supplier cartel that was recently penalized by competition regulators. We want to understand the deadline for filing a private damages lawsuit in Poland and whether we can rely directly on the regulatory infringement... Read more →
Lawyer answer by The Law Firm of Advocate Suszyński

Both parts of your question have favourable answers, so it is worth acting on this. But the decision establishes the infringement, not the amount of your loss. Quantifying the overcharge on the vehicles you purchased is the real work in...

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1 answer •
Can my small Polish shop join a claim for supplier price-fixing, and what evidence do I need?
Antitrust Litigation
I buy goods from a large wholesaler and several competitors seem to have identical prices and discount rules. I have invoices and emails showing sudden, matching price changes. I want to know if I can join a collective action in Poland and what proof is usually required.
Lawyer answer by ADVISER Armkencht & Partners attorneys-at-law

Dear Sir/Madam, In response to your inquiry regarding the possibility of a small Polish shop joining a collective lawsuit concerning a suspected price-fixing cartel by a supplier, I hereby clarify the key procedural and substantive issues below. Appropriate Procedural Path...

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1 answer •

When a competition law dispute in Augustów calls for legal advice

Competition law issues can affect Augustów businesses that sell to local residents, visitors, or customers elsewhere in Poland. For example, tourism operators around Lake Necko or the Augustów Canal may face disputes over access to booking or distribution channels, while local contractors may encounter concerns about tender coordination or supplier conduct.

Polish competition enforcement is national, not a separate Augustów process. The President of the Office of Competition and Consumer Protection (UOKiK) investigates suspected restrictions, while challenges to certain UOKiK decisions go to the Competition and Consumer Protection Court in Warsaw. Private claims for compensation follow civil procedure and may involve a court outside Augustów.

A lawyer can assess whether the facts suggest a prohibited agreement, abuse of a dominant position, or a claim for loss caused by an infringement. Early advice is especially useful when evidence may be held by competitors, suppliers, or a public authority.

Situations in which a lawyer may be useful

  • A tourism business serving visitors to Augustów believes a competitor or booking intermediary is restricting access to customers or imposing exclusionary terms.

  • A contractor suspects that bidders coordinated prices or divided work on a local or regional public tender.

  • A shop, hotel, or supplier faces restrictive terms from a business it believes has substantial market power, and needs advice before refusing the terms or changing suppliers.

  • A business or customer believes a cartel affecting goods or services it bought caused an overcharge and wants to assess a compensation claim.

  • A company receives questions, a document request, or an inspection notice from UOKiK and needs to protect its rights while responding.

Polish and EU rules that may apply

Act of 16 February 2007 on Competition and Consumer Protection. In force from 21 November 2007, this act prohibits certain restrictive agreements and abuse of a dominant position in Poland and sets out UOKiK’s enforcement powers. It applies in Augustów just as it does elsewhere in Poland.

Act of 21 April 2017 on Claims for Damages Caused by Infringements of Competition Law. In force from 27 June 2017, it provides rules for civil compensation claims arising from competition law infringements, including claims involving cartel overcharges.

Regulation (EC) No 1/2003 on the implementation of the rules on competition laid down in Articles 101 and 102 of the Treaty. It has applied since 1 May 2004. It governs enforcement of EU rules against restrictive agreements and abuse of dominance, including cooperation between the European Commission and national competition authorities.

Frequently asked questions

What does competition law litigation cover?

It can include court challenges to certain UOKiK decisions and civil claims for losses caused by unlawful agreements or abuse of dominance. The correct route depends on whether the issue is enforcement, compensation, or both.

Do I need a lawyer to report a suspected infringement to UOKiK?

A person or business can contact UOKiK without a lawyer. Legal advice can help organise the evidence, explain confidentiality concerns, and distinguish a competition issue from an ordinary contract dispute.

Can an Augustów business challenge a UOKiK decision locally?

Appeals from specified UOKiK decisions are heard by the Competition and Consumer Protection Court in Warsaw, not a court in Augustów. The applicable appeal deadline and procedure should be checked against the decision and governing law.

Who may claim compensation for a competition law infringement?

A person or business that suffered loss caused by an infringement may be able to bring a claim. Depending on the facts, this can include a direct purchaser or a later buyer affected by an overcharge.

How long do I have to bring a damages claim?

The 2017 damages act generally provides a five-year limitation period, subject to rules about when the period begins and its suspension during certain authority proceedings. A lawyer should review the dates promptly because the calculation depends on the case.

How long does a competition case take?

There is no single timetable. An authority investigation, an appeal against a decision, and a civil damages action have different procedures, and evidence disputes or appeals can extend the process.

What evidence should I preserve?

Keep contracts, invoices, tender documents, price lists, relevant emails, and records of negotiations or lost sales. Do not alter or delete potentially relevant material, especially after receiving an authority request or legal notice.

How much does a competition law lawyer cost?

Fees are usually agreed with the lawyer and may be hourly, fixed, or tied to stages of work. Court fees and recoverable legal costs are governed separately, so ask for a written estimate covering both professional fees and likely case expenses.

Is a competition complaint the same as a damages lawsuit?

No. A report to UOKiK asks a public authority to investigate and enforce competition rules; it does not itself award private compensation. A damages claim is a separate civil case, although findings from an authority may be relevant.

Can a small business bring a claim against a larger supplier?

Business size alone does not decide eligibility. The key questions include whether competition rules were infringed, whether the claimant suffered loss, and whether that loss was caused by the infringement.

Does a dispute about a public tender automatically involve competition law?

No. A procurement disagreement may concern tender rules or contract performance without a competition infringement. Evidence of coordinated bids or market sharing may justify a separate competition law assessment.

Official resources

  • Office of Competition and Consumer Protection (UOKiK): investigates suspected competition law infringements in Poland and publishes information about its procedures and decisions.

  • Competition and Consumer Protection Court (SOKiK), within the Regional Court in Warsaw: hears appeals assigned to it by law, including appeals from specified UOKiK decisions.

  • European Commission, Directorate-General for Competition: enforces EU competition rules and provides official information on Articles 101 and 102 of the Treaty on the Functioning of the European Union.

Steps to find and hire a competition law lawyer

  1. Write a short chronology. Record the businesses involved, locations, key events, and any deadlines. Allow one or two days, but act immediately if an authority notice or court document sets a deadline.

  2. Preserve relevant records. Gather contracts, invoices, tender materials, correspondence, and loss calculations without changing original files. Do this before routine deletion or staff turnover removes useful evidence.

  3. Identify the legal route. Ask whether the matter may require a UOKiK report, an appeal in Warsaw, a civil damages action, or a combination of steps.

  4. Search for relevant Polish competition law experience. Ask prospective lawyers about handling UOKiK matters, competition appeals, cartel or dominance issues, and damages claims. Confirm who will do the work and whether travel to Warsaw may be needed.

  5. Arrange an initial consultation. Share a concise account and ask for an early view of evidence, limitation periods, likely procedure, and immediate risks. Seek this promptly where a deadline may apply.

  6. Compare written fee proposals. Confirm the charging method, scope, court and expert expenses, and how additional work will be approved before instructing counsel.

  7. Agree the first actions in writing. Set responsibilities for evidence preservation, communications with UOKiK or other parties, and any filing deadlines before the lawyer begins substantive work.

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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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