Private Enforcement
Pursuing claims for damages for violations of competition law (private enforcement) is a dynamically developing area of law, enabling entrepreneurs to obtain compensation for damages caused by perpetrators of competition law violations. Our private enforcement practice combines the competencies of two highly valued specializations – competition law and litigation – which have been closely cooperating for years, building unique experience on the Polish market.
We advise on:
- the risks of damages claims, helping clients both prepare for potential disputes and effectively mitigate the risks associated with them;
- court proceedings for violations of competition law (private enforcement) – both in follow-on and stand-alone proceedings, defending the defendants as well as representing the plaintiffs with such claims;
- assessing the adopted strategy and litigation opportunities, analysing and preparing opinions for the parties to the proceedings as well as entities financing claims concerning, m.in particular, the relevant issues of statute of limitations, standing to sue, damage assessment and evidentiary requirements;
- multi-jurisdictional disputes, acting as experts and drafting legal opinions on Polish law for foreign courts and tribunals;
Imagine that:
- You work with a team with unique litigation experience on the Polish market in conducting disputes in the field of private enforcement – effectively representing clients in proceedings before common courts, including in precedent-setting compensation cases concerning violations of competition law;
- You have the support of a team operating in the international private enforcement ecosystem – cooperating with leading foreign law firms on a daily basis to effectively secure the interests of clients in cross-border proceedings;
- You benefit from the experience of a local expert in disputes taking place outside Poland, who acts as a trusted local counsel and expert in Polish law, also in the most demanding jurisdictions, including before the Competition Appeal Tribunal in London;
- You benefit from an in-house economic background, unique on the Polish market – a team of in-house economists cooperates with lawyers on an ongoing basis in cases concerning violations of competition law, providing coherent and convincing legal and economic argumentation. In cases of a particular degree of complexity, we also reach for the support of renowned international experts specializing in the estimation of antitrust damages;
- You base your litigation strategy on many years of experience in handling the most demanding competitive cases, including those that require precise construction and defense of the theory of damage and advanced legal and economic argumentation – both before courts and in proceedings conducted by the President of the Office of Competition and Consumer Protection;
- You cooperate with lawyers who actively co-create the legal framework of private enforcement in Poland – as authors and co-authors of the commentary to the Act of 21 April 2017 on claims for compensation for damage caused by infringement of competition law;
- You benefit from the experience of an internationally recognized team, regularly recognized in rankings such as Chambers Global and Chambers Europe for achievements and expertise in the field of private enforcement.
Practise managers:
Team
Our experience
Defense of an International Financial Institution in Precedent-Setting Damages Proceedings
We represent an international financial institution in two precedent-setting proceedings concerning damages claims brought by Polish retailers in connection with historical interchange fees. The cases are of fundamental importance for future private enforcement proceedings in Poland, particularly with respect to the new act implementing the EU Damages Directive. In 2024 and early 2025, we obtained two favorable judgments dismissing all claims against our client on the basis of the statute of limitations defense. The value of the dispute was PLN 25 million.
Expert Role in a Multi-Jurisdictional Damages Dispute Valued at up to GBP 900 Million
We acted as Polish law experts in a complex, multi-jurisdictional competition law damages case brought by a leading payment solutions and financial technology provider against international card schemes. The proceedings were conducted before the Competition Appeal Tribunal in London. The case was included in The Lawyer’s Top 20 Cases of 2023. The proceedings were concluded by settlement in October 2023.
Defense of a Construction Market Participant in Follow-On Proceedings
We successfully defended a leading manufacturer in the construction market in court proceedings concerning damages claims based on a decision of the President of the Office of Competition and Consumer Protection (UOKiK) finding the existence of a price-fixing cartel. This case constituted one of the first damages proceedings in Poland conducted under the new act implementing the EU Damages Directive and was of groundbreaking significance for the development of case law in the area of private enforcement.
Defense of a Sports Event Results Rights Manager in Stand-Alone Proceedings
In a precedent-setting stand-alone case (without a decision by a competition authority finding an infringement of competition law), we represent an entity managing rights to sports event results in court proceedings seeking damages for competition law infringements.
Advisory for a Major Logistics Operator in the Trucks Cartel Case
We prepared comprehensive legal opinions for one of the largest logistics operators in Poland regarding the prospects of pursuing damages claims against truck manufacturers—participants in a cartel established by a European Commission decision (Case AT.39824 – Trucks). The analysis covered, among other things, limitation periods, evidentiary requirements, passive standing of subsidiary companies, and damage estimation at approximately PLN 24.6 million.
Claims Analysis for an International Litigation Funder
We prepared a memorandum for an international litigation funder concerning the Polish law perspective on the limitation of claims in European cartel disputes, including the prospects of pursuing claims on the basis of joint and several liability of cartel participants and the merits of conducting proceedings in other EU jurisdictions.
Defense of an International Airline
We successfully represented an airline in defending it against alleged competition law infringements in a complex, international dispute conducted simultaneously in Poland and several other European jurisdictions.