Competition Law in Poland after 1 May 2004 – key issues Presentation at the AmCham competition panel Warsaw 13th April, 2005 Dr Marta Sendrowicz, Baker & McKenzie, Warsaw

I. Summary Introduction Competition law matters that gained importance after 1 May 2004 New features of European competition law Future of damage cases under European and Polish law

II. Introduction Importance of competition law in Poland before and after 1 May 2004 Direct applicability of European competition law in Poland – consequences for businesses Enforcement of European and Polish competition law by the Polish Competition Office (PCO) and national courts Enforcement powers of the and the European Commission v. enforcement problems in the PCO

III. Competition matters that gained importance after 1 May 2004 „Self-assessment” obligation imposed on companies – notification system abandoned General competition law advice covering any area of companies’ practices where competition concerns usually arise (e.g. distribution matters, commercial agreements, cases regarding abuse of a dominant position, etc.)

IV. Competition matters that gained importance after 1 May 2004 (con’d) Competition compliance programmes that aim at identifying competition law problems that companies have and at solving those problems Mergers – obtaining a clearance of the European Commission Representing clients in various types of proceedings before the European Commission (most often assistance during multi-jurisdictional dawn-raids)

V. New features of European competition law Economization in the context of merger cases Recent developments in dominance cases? Greek Glaxo case and the opinion of Advocate General Jacobs – American way of analysing dominance cases?

VI. Future for damage cases under European and Polish law European rules on individual complaints Courage v. Crehen case – damage cases as a logical consequence of a breach of competition rules Assessment in light of Polish law

Gruszczyński i Wspólnicy Kancelaria Prawna Budynek Focus Dr Marta Sendrowicz Baker & McKenzie Gruszczyński i Wspólnicy Kancelaria Prawna Budynek Focus Al. Armii Ludowej 26 00-609 Warszawa Tel. (+48 22) 576 34 30 Fax. (+48 22) 576 32 00 E-mail: marta.sendrowicz@bakernet.com