COMPETITION LAW
An infringement of competition law can cost up to 10% of a company's annual turnover – and it can begin with a single careless letter to a competitor or an improperly worded contractual clause. Price coordination, market sharing, resale prices imposed on distributors or abuse of a dominant position – these are areas where ordinary business practice and an infringement of the law sometimes differ only in the details.
We help businesses act with confidence but safely: we assess the risks of transactions and commercial practices, represent clients in Competition Council investigations and in court, and when competitors act unfairly, we help defend your interests.
How we can help
- Prohibited agreementsassessment of agreements with competitors, suppliers and distributors: pricing, allocation of territories and customers, exclusivity, exchange of information.
- Dominant positionassessment of pricing, discount schemes, refusals to supply and other practices where a company holds a large market share.
- Merger controlassessment of whether an acquisition or merger requires clearance from the Competition Council, preparation of the notification and representation in the procedure.
- Competition Council investigationsrepresentation from the very first request: provision of information, inspections at company premises, explanations and appeals against decisions in court.
- Reduction of finesassessment of the possibilities for immunity from fines or a reduction of the fine where the company cooperates with the authority.
- Personal liability of managersdefence where a competition law infringement exposes a manager to a fine or a ban from holding management positions.
- Unfair competitionunlawful use of trade secrets, misleading advertising, copying of a competitor's labelling or product.
- Damagesactions for damage caused by infringements of competition law and defence against such claims.
- EU competition lawwhere a transaction or practice affects trade between EU Member States and Articles 101 and 102 of the Treaty on the Functioning of the European Union apply.
How we work
Prevention here costs far less than an investigation, so we first review contracts, pricing models and practices of communication with competitors, and show where the risk lies. Once an investigation begins, we act quickly: we assess what information the authority is entitled to demand, how to protect trade secrets and which defence strategy could reduce the potential consequences.
If Competition Council officials have arrived or you have received a request from the Council, consult an attorney before providing any answers.