Market agreements and consortia


Surely you one heared a slogan: „cooperation is the key to success”. And this is true, but not every agreement or consortium will always be safe. It may turn out that if you want to achieve higher usability, profits, striving to secure your market position, you will conclude an agreement that will violate competition law. And then what?

What can you do?

The most important thing is to know what not to do. Therefore, we are ready to conduct training and workshops in the field of competition law for you, during which you will learn what you can not do, what can be carried out and under what conditions. Another extremely important element is that as soon as the concept of establishing a market agreement appears, you make an economic and legal antitrust analysis (not forgetting the issue of determining the relevant market and market position).

What is the threat?

Even if your actions are based on good intentions, as a result, it may turn out that the consortium you have built, or another form of business organization, will result in a violation of competition law. You must remember that violation of antitrust law results not only in administrative penalties (up to 10% of turnover) but also in civil liability (compensation). It is also important that the persons responsible for the creation of such an agreement may be subject to a penalty of up to 2 million PLN.

What COMPER can do for you:

  • Determine the scale of antitrust risk, and,
  • Indicate the ranges of non-compliance with antitrust regulations,
  • To propose the mitigation of antimonopoly risks,
  • Carry out an analysis of mitigating antitrust risks (called balancing test),
  • Develop formal documents to mitigate antitrust risks (procedures, agreements, agreements).

Maciej Fornalczyk, adw. Jakub Miziołek and apl. rdc. Tomasz Dębski, together with COMPER team can support you in this regard.

Market agreements and consortia