Nowadays, entrepreneurs are diversifying the risks associated with protecting their intellectual rights by sometimes waiving the initiation of protection procedures before the Patent Office. At the same time, not every asset of an enterprise can also be protected by exclusive rights.
In such cases, the Law Firm offers its assistance and experience in developing tailored strategies for the protection of company trade secrets according to the individual needs and expectations of the Client.
We also offer assistance in combating unfair competition by representing Clients in both mediation and litigation before both common courts and arbitration courts.
Competition law – objectives and legal basis
In Polish legislation, competition law remains based on several legal acts, giving it a specific framework. The main point of reference in this case will be the Law of February 16, 2007 on the Protection of Competition and Consumers, supported by a separate Law on Combating Unfair Competition. The purpose of both documents is to create legal mechanisms for the protection of businesses and consumers, for whom monopolistic mergers could pose a real threat. The laws listed here define the symptoms of abuse of a dominant position in the market, and provide tools to control the concentration of companies and agreements that restrict free market competition. An extremely important foundation for effective competition law became the Law of September 22, 2006 on the transparency of financial relations between public authorities and public entrepreneurs and on the financial transparency of certain entrepreneurs. Its provisions put in order the reporting and financial transparency that business entities performing important functions in the public interest must implement.
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What is antitrust law?
An extension of the law describing competition law remains antitrust law, compliance with which is controlled by the Office of Competition and Consumer Protection. According to Polish antitrust law, all actions aimed at restricting competition are considered illegal. Competition law with its branch of antitrust legislation focuses on the detection and elimination of agreements restricting competition or practices abusing a dominant position in the market. Both dominant position and restrictive agreements have received a clear definition to help identify the relevant players. If a company’s market share exceeds 40%, then it is considered a dominant player. Competing companies may face scrutiny by the relevant state institution if their market share exceeds 5% in the year before the signing of an agreement with alleged restrictive effects on competition.
Competition and antitrust law – the scope of our services
The offer of the IURICO Law Firm is addressed both to entities with a dominant position in a given industry and to companies threatened with violation of their competitive rights. Verification of market position in accordance with statutory methodology can be problematic even for experienced entrepreneurs, as can the drafting of agreements that comply with antitrust law. This is why outsourcing legal issues to an external entity is such an important help.
The IURICO Law Firm deals with the evaluation of transactions that may have a negative impact on the outcome of inspection procedures by the OCCP. If your company is a victim of unlawful practices, we help develop protective mechanisms, create an effective security system for sensitive company data and represent the client in court proceedings.
Entrepreneurs against whom the OCCP is already investigating can count on the help of IURICO specialists. Legal care will then be a key factor in arguing their position and proceeding with appeals against possible penalties imposed by antitrust authorities.
We support entrepreneurs in the process of developing internal regulations for compliance of operations with the requirements of antitrust law. We conduct control audits, focusing on the provisions of bylaws and methods of implementing procedures in daily operations. Competition law covers a broad spectrum of B2B and B2C relationships, and the services of IURICO Law Firm provide effective tools for protecting the interests of businesses and consumers.
ZAUFALI NAM
