Regulatory law firms ranking

International law firms top competition ranking

Ranking 2017-04-12
Linklaters, Allen and Overy, Dentons, and SK&S topped our ranking*. Two new laws will drive their business this year.

Regulatory law firms ranking - competition issues
Regulatory law firms ranking - competition issues

Key points

Competition law is more than UOKiK. Lawyers handling anti-monopoly issues traditionally represent companies before the Office of Competition and Consumer Protection (UOKiK). It relates both to cases of abusing dominant position, anti-collusion, as well as filings related to planned mergers. However, significant share of projects the competition law teams deal with is not related to administrative proceedings. Lawyers assist in ensuring compliance of distribution models, price policies, and end-user agreements with requirements of the competition and consumer protection legislation.

Numerous consumer cases. Last year UOKiK intensified its activity in cases of group consumer interests, especially against banks and telecoms. The office has already issued decisions against Getin Noble Bank and Alior Bank, as well as telecom operators Orange, T-Mobile, and Plus. Smaller and medium-sized law firms specialise in proceedings before UOKiK. Merger-related processes are an exception and include international law firms. Filing for an approval by UOKiK by an anti-monopoly team is usually a result of transaction advisory carried out by an M&A team at the same firm.

Several notable promotions. After creation of numerous anti-monopoly boutique firms (including Modzelewska & Paśnik in 2013 and Hansberry Tomkiel in 2014) not a single one was created last year. However, two prominent promotions took place: Bartosz Turno joined Aleksander Stawicki as a partner responsible for competition law at WKB and Justyna Michalik was promoted to a position of counsel at Allen & Overy’s anti-monopoly team. In April Antoni Bolecki from Greenberg Traurig became a partner at Hansberry Tomkiel. Meanwhile, former head of UOKiK’s competition protection department Agata Zawłocka-Turno joined Linklaters’ competition law team led by Małgorzata Szwaj.

New faces: Affre and Kolasiński. Three international law firms are at the top of competition law practices (Allen & Overy, Linklaters, and Dentons) and a single Polish one (SK&S). WKB has dropped into a second group, but adding Bartosz Truno as a partner indicates the law firm’s leadership is still focusing on anti-monopoly law and the firm could return to the top tier next year. Modzelewska & Paśnik law firm advanced to second group from the third. Among newcomers (commended law firms) are Kieszkowska Rutkowski Kolasiński with Marcin Kolasiński responsible for competition law, and Affre and Wspólnicy.

Cement-making cartel goes to the Tribunal. One of 2016’s biggest successes for anti-monopoly law firms was to convince the Appellate Court in Warsaw to motion the Constitutional Tribunal on behalf of top cement-making companies in Poland. In 2009 UOKiK fined the enterprises one of the highest-ever competition law based fines (PLN 412 million in total). The enterprises are requesting review of a clause which allows fines to be calculated based on revenue from a year prior to the decision. Cemex Polska is represented by Allen & Overy while Lafarge Cement by Clifford Chance. On significant M&As Linklaters advised Synthos in proceedings before the European Commission related to an approval to acquire INEOS Styrenics.

what's next

Beside traditional cases the competition law teams will be also dealing with two laws prepared by the current ruling party - one regarding seeking damages by breaking competition law, and the other on countering abuse of contractual advantage in agricultural products and food trade. The first law will facilitate filings for damages from competitors based on competition law alone and the second is to increase UOKiK’s vigilance on food and agriculture market. 

*The ranking includes law firms active in the area of regulatory advisory, that is related to public corporate law that is being enforced by such institutions as UOKiK, URE, or KNF. An award ceremony took place on March 23, with winning firms receiving awards. It is the first ranking in Poland accounting for qualitative data. Results are based on survey data gathered by PI analysts among the biggest companies from regulated sectors and law firms themselves.

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Piotr Semeniuk
Fmr. Senior Analyst for Legal Affairs
Piotr Semeniuk
PI Alert
10:00
28.06.2024

EU summit: Member States launch discussion on financing joint defence initiatives

State of play

Leaders approved appointments to top posts. At the EU summit that ended on Thursday night, they nominated Ursula von der Leyen for a second term as head of EurCom, former Portuguese Prime Minister António Costa as head of EurCou and Estonian Prime Minister Kaja Kallas as head of EU diplomacy. Italian Prime Minister Giorgia Meloni abstained from voting for von der Leyen and voted against Costa and Kallas. This means that Meloni is preparing for tough negotiations and may demand a high political price in return for his party's support for von der Leyen in her approval in the EurParl. Prime Minister Viktor Orbán voted against von der Leyen and abstained on Kallas.

They adopted the Union's strategic agenda for 2024-2029. Over the next five years, the Union's goals include a successful digital and green transformation by "pragmatically" pursuing the path to climate neutrality by 2050. Another objective is to strengthen the EU's security and defence capabilities.

Von der Leyen spoke of EUR 500 billion for defence over a decade. This was the EurCom estimate of needed EU investment presented by its head at the EurCou meeting. Poland and France were among the countries that expected the EurCom to present possible options for financing defence investments before the summit, such as EU financing of common expenditure from a common borrowing. This idea was strongly opposed by Germany and the Netherlands, among others. In the end, von der Leyen decided to postpone the debate until after the constitution of the new EurCom, i.e. in the autumn. And the summit - after von der Leyen's oral presentation - only launched a preliminary debate on possible joint financing of defence projects.

Poland has submitted two defence projects. These might be co-financed by EU funds. On the eve of the summit, Poland and Greece presented in writing a detailed concept for an air defence system for the Union (Shield and Spear), which Prime Ministers Donald Tusk and Kyriakos Mitostakis had put forward - in a more general form - in May. In addition, Poland, Lithuania, Latvia and Estonia presented the idea of jointly strengthening the defence infrastructure along the EU's borders with Russia and Belarus. Poland is pushing for the EU to go significantly beyond its current plans to support the defence industry with EU funds and agree to spend money on defence projects similar to the two proposals. But EU states are far from a consensus on the issue.

Zelensky signed a security agreement with the Union. The document, signed by President Volodymyr Zelensky in Brussels, commits all member states and the EU as a whole to "help Ukraine defend itself, resist efforts to destabilise it and deter future acts of aggression". The document recalls the EUR 5 billion the EU intends to allocate for military aid and training in 2024 (in addition to bilateral aid from EU countries to Kyiv). It says that "further comparable annual increases could be envisaged until 2027, based on Ukrainian needs" i.e. it could amount to up to EUR 20 billion. Ukraine's agreement with the EU comes on top of the bilateral security "guarantees" Ukraine has already signed with a dozen countries (including the US, UK, Germany, France, Italy). As Prime Minister Donald Tusk confirmed in Brussels, talks are also underway between Ukraine and Poland on the text of mutual commitments on security issues.

PI Alert
21:00
09.06.2024

KO wins elections to the European Parliament

KO received 38.2 per cent of the vote and PiS 33.9 per cent, according to an exit poll by IPSOS. Konfederacja came in third with 11.9 per cent, followed by Trzecia Droga with 8.2 per cent, Lewica with 6.6 per cent, Bezpartyjni Samorządowcy with 0.8 per cent and Polexit with 0.3 per cent. According to the exit poll, KO gained 21 seats, PiS 19, Konfederacja 6, Trzecia Droga 4 and Lewica gained 3. The turnout was 39.7 per cent.

According to the European Parliament's first projection, the centre-right European People's Party (EPP), which includes, among others, PO and PSL, will remain the largest force with 181 MEPs in the 720-seat Parliament. The centre-left Socialists and Democrats (S&D), whose members include the Polish Lewica, should have 135 seats, whereas the liberal Renew Europe club (including Polska 2050) will have 82 seats. This gives a total of 398 seats to the coalition of these three centrist factions (EPP, S&D and Renew Europe) on which the European Commission under Ursula von der Leyen has relied on so far. The Green faction wins 53 seats according to the same projection, the European Conservatives and Reformists faction (including PiS) 71 seats and the radical right-wing Identity and Democracy 62 seats.

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