Competition law

Often, a company becomes aware of the actions of its employees and possible violations of the competition law after the said event, in such cases the company needs to react and eliminate potential consequences that may occur due to the actions of employees. Without remedying the consequences and without reacting to possible infringements by employees, it is the company which will be responsible for the infringements of competition law and not the individual employee. 

PwC Legal will help

• to examine and identify the extent and consequences of possible infringements of the company's activities ("internal investigation")

• develop a strategy for co-operation and financial risk mitigation with the Competition Council and foreign competition authorities, as well as other supervisory authorities

For larger companies and those with significant market power, this may include safeguard recommendations to ensure that their conduct complies with competition law. For smaller companies, the regulation of abuse of a dominant position is important, to understand what rights they may have, for example, to secure further supply or to challenge the prices at which products or services are offered by dominant companies.

PwC legal offers:

• Consultations on the identification of the market position (dominant position) and the legal consequences related to the dominant position;

• Consultations and advice for smaller businesses;

• Analysis of the relevant market for the purpose of determining the market shares of the undertakings;

• Evaluation of public person participation in capital companies;

• Assist the company by providing them with recommendations regarding communication with customers, suppliers, etc. so that the company's activities do not infringe competition law;

• Consultations on issues related to the regulation of state aid and its application.

Each company concludes agreements or contracts with companies to ensure its daily business activities and promote the implementation of innovative solutions. For example, product distribution agreements with manufacturers, supply contracts, etc. When concluding agreements with other undertakings, it is necessary to pay attention to both the conditions included in the agreement and the nature of the agreement, as such agreements often include provisions that are infringements of competition law.

PwC Legal offers:

• Consultations on drafting and negotiating agreements with the other party, taking into account competition law, in particular distribution agreements, franchise agreements, cooperation agreements with competitors

• Drafting exclusivity agreements

The Competition Council is increasingly using its powers to investigate specific sectors in order to assess market failures or to detect possible infringements of competition law. Market-wide investigations place a heavy burden on companies’ internal resources, and the results of investigations can lead to additional administrative burdens or infringement proceedings against certain companies.

PwC Legal advises companies at all key stages of the process, including: assistance in the process of gathering evidence, analysing evidence, including company data/internal documents, responding to requests for information, preparatory meetings with the Competition Council.

• Representation in the Competition Council and the court;

• Consultations in connection with the increased interest / investigation of the Competition Council in specific sectors