Arreas of support

Contractual advantage

For many years, we have been supporting leaders in the agri-food sector, operating in both production and distribution, on matters relating to contractual advantage. Our experience includes, amongst other things, the preparation and implementation of multi-faceted compliance programmes covering audits of commercial documentation, training for procurement and sales teams, as well as representing clients in administrative proceedings and appeals against decisions of the President of the Office of Competition and Consumer Protection (UOKiK).

Advice on the unfair exploitation of contractual advantage is one of the key areas of our firm’s practice. We have a strong track record in this field. We participate in landmark cases brought by the President of the Office of Competition and Consumer Protection (UOKiK), successfully defending our clients against the substantial financial penalties they face.

We support and represent our clients in the following areas:

  • modifying commercial terms and conditions to ensure their compliance with applicable legislation and the practice of the President of the Office of Competition and Consumer Protection (UOKiK)
  • in investigations and administrative proceedings conducted by the President of the Office of Competition and Consumer Protection (UOKiK)
  • conducting practical workshops for members of sales and procurement teams on communicating with business partners
  • developing a defence strategy against allegations of unfairly exploiting contractual advantage raised by business partners during commercial negotiations

Our experience includes, amongst other things:

  • representing clients in landmark cases where fines running into millions were at risk
  • conducting successful negotiations with the President of the Office of Competition and Consumer Protection (UOKiK), resulting in the issuance of a commitment decision (without imposing a fine on the client)
  • discussions and negotiations with the President of the Office of Competition and Consumer Protection (UOKiK), resulting in the authority deciding not to bring charges
  • delivering training for the procurement teams of Poland’s largest retail chains on lawful cooperation with suppliers
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