Grzegorz Materna is a solicitor and a member of the Warsaw Chamber of Legal Advisors. He graduated from the Faculty of Law and Administration at Warsaw University. He was awarded a PhD in Competition Law from the Institute of Law Studies of the Polish Academy of Sciences.
Mr Materna has spent his career in the practice and study of European and Polish competition law. For 14 years, he worked at the Office of Competition and Consumer Protection (the “Authority”) where he accumulated a wealth of knowledge and hands-on experience in the enforcement of Polish and European Union competition law. Throughout his tenure, Mr. Materna was directly involved in carrying out investigatory proceedings and drafting decisions on behalf of the Chairman of the Authority. He organized and participated in inspections and searches carried out by the Authority, and represented it in cases before the Competition and Consumer Protection Court as well as the Court of Appeals.
He served as the Deputy Director of the Authority’s Warsaw branch office, and was later promoted to the position of Director of the Authority’s Department of Competition Protection, a position he held for nearly six years. As Director, he was responsible for the Authority’s investigations and enforcement of violations of Articles 101 and 102 TFEU and the Polish Competition Act’s equivalents. He oversaw investigations and proceedings in matters of horizontal and vertical anticompetitive agreements; cartels; and abuses of dominance. He was responsible for approving drafts of decisions and resolutions prepared by his Department, and also for issuing such decisions on behalf of the Chairman of the Authority. Under his supervision, his Department prepared recommendations to the Chairman of the Authority, monitored the market and initiated investigatory proceedings in competition cases. As Director, Mr Materna directly cooperated with other national regulatory authorities, the police and state inspection authorities during inspections and searches, and with the European Commission in applying EU competition rules (which, among other things, meant providing necessary assistance during dawn raids carried out by the European Commission). Mr Materna supervised the forensic IT support that his Department provided to the Authority’s branch offices and to its own investigations.
In recent years, Mr. Materna focused on the offense of bid rigging. He trained and lectured to government procurement officials on the detection and prevention of bid rigging. He also represented the Polish Authority in the EU Cohesion Policy Fund Fraud Prevention Task Force, which operated within the Inter-Ministerial Panel on Fighting Fraud Committed against Poland or the European Union.
While working in the Polish Authority, Mr Materna was deeply involved in drafting laws, regulations and the Authority’s guidance papers. In particular, he worked on a comprehensive package of amendments to the Polish competition law, the effect of which was the Act of 10th June 2014 on the Amendments to the Competition and Consumer Protection Act and the Civil Procedure Code (Journal of Laws 2014, pos. 945), together with their executive regulations.
Mr Materna combines his practice of competition law with a passion for legal science. He became associated with the Institute of Law Studies of the Polish Academy of Sciences in 2006, and three years later he defended his PhD thesis on competition law at the Institute. Mr. Materna wrote or collaborated on dozens of publications on Polish and European competition and consumer protection law and intellectual property protection. He co-authored commentaries on the Polish Competition and Consumer Protection Act and the Treaty on the Functioning of the European Union.
Mr. Materna is an experienced teacher, and lectures on the subjects of competition protection, consumer protection, unfair-competition, and intellectual property rights to postgraduate students at the Warsaw School of Economics and at the Legal Science Institute.
- The Polish Competition Authority imposes sanctions for retail price maintenance in the wristwatch distribution sector while announcing a new economic-based approach to vertical agreements (Swatch), e-Competitions Antitrust Case Law Bulletin, January 2016, Art. N° 77426
- Conditions for the initiation of inspections or searches in antitrust cases conducted under the Competition Act and the requirements of Article 8 of the European Charter of Human Rights, iKAR, 8(4)/2015
- The Polish Competition Authority accepts commitments concerning online sales of prams and strollers (Emmaljunga), e-Competitions Antitrust Case Law Bulletin, November 2015-II, Art. No 76793
- Competition restriction as a factor limiting the application of Article 6 par. 1 point 7 Competition Act to agreements affecting the course of the tender procedure [in] T. Skoczny (ed.) Competition Law. 25 Years, Warsaw 2015
- The impact of competition law on competitiveness and innovation of entrepreneurs as exemplified in the rules defining the limits of cooperation among competitors [in] A. Brzezińska-Rawa, D. Sylwestrzak (ed.) Key issues of state impact on competitiveness and innovativeness of the economy from the perspective of different fields of law, Toruń 2015
- Standard of proof of anticompetitive agreement between undertakings – commentary on the Supreme Court decision of 28 January 2015 r. (III SK 39/14), Glosa – Prawo Gospodarcze w Orzeczeniach i Komentarzach, 4/2015
- Agreements in tender procedure - limitations and forms of cooperation in the light of the latest practice of antitrust law, Przegląd Ustawodawstwa Gospodarczego, 10/2015
- Exercise by the European Commission of control powers in cases from the field of competition protection – Case Law Review. Europejski Przegląd Sądowy, 7/2015.
- Application of prohibition of competition restricting agreements to collective labour agreements – commentary on Court of Justice Judgment of 4 December 2014 in Case C-413/13 FNV Kunsten en Media versus Staat der Nederlanden. Europejski Przegląd Sądowy, 4/2015.
- Changes in substantive and procedural provisions on practices restricting competition and practices infringing collective consumer interests (co-authored with A. Zawłocka-Turno). IKAR, 2(4)/2015.
- Forms of Collusive Tendering and Instruments to Combat them under Antitrust Law - Difficulties in Detecting Illegal Agreements [in] The Role of Public Administration Authorities in Detecting Irregularities in Public Procurement. IV International Anti-Corruption Conference. Post-conference materials, Warsaw 2014.
- Commentary on Art. 4.1-2, Art. 105b-105d, Art. 105g-105h, Art. 105j, Art. 105l-105m and Art. 105o-105p [in] T. Skoczny (ed.) - The Competition and Consumer Protection Act. Commentary, 2nd ed., Warsaw 2014.
- Commentary on Art. 105a (co-authored with M. Bernatt) [in] T. Skoczny (ed.) - The Competition and Consumer Protection Act. Commentary, 2nd ed., Warsaw 2014.
- Resolutions and other acts of associations of undertakings as a source of restriction of competition in public procurement procedures. Przegląd Ustawodawstwa Gospodarczego, 7/2014.
- Associations of undertakings’ laying down criteria for determining fees for services provided by its members in the light of the prohibition specified in Art. 101(1) TFEU – commentary on the CoJ Judgment of 18 July 2013 in case C-136/12, Consiglio Nazionale dei geology vs. Autorità garante della concorrenza e del mercato and Autorità garante della concorrenza e del mercato versus Consiglio nazionale dei geologi. Europejski Przegląd Sądowy, 5/2014.
- The subjective scope of prohibition of bid-rigging in Polish law on competition’s protection and in criminal law. Przegląd Ustawodawstwa Gospodarczego, 12/2013.
- Application of the prohibition of anticompetitive agreements to agency agreements under block exemption regulation of 30 March 2011. IKAR, 5(2)/2013.
- Protection of market against competitor operating unlawfully as grounds for assessment of an agreement in the light of Art. 101 TFEU – commentary on CoJ Judgment of 07 February 2013 in case C-68/12 - Protimonopolný úrad Slovenskej republiky versus Slovenská spořiteľňa a.s. Europejski Przegląd Sądowy, 9/2013.
- Competition from the perspective of Antitrust law [in] J. Cygler, M. Aluchna, E. Marciszewska, M.K. Witek-Hajduk, G. Materna: Enterprise Coopetition in the Era of Globalization. Strategic Challenges, Legal Contingencies. Wolters Kluwer Publishers, Warsaw 2013.
- The antitrust assessment of the amount of royalties rates for using of copyrighted works or objects of related rights in light of the amended Copyright Law. Przegląd Ustawodawstwa Gospodarczego, 4/2013.
- Frequency of infringements of the Act on Competition and Consumer Protection and its importance for the imposition of fines – commentary on Supreme Court Judgment of 11 August 2009 (III SK 17/09). Glosa – Prawo Gospodarcze w Orzeczeniach i Komentarzach, 1/2013.
- The absence of Antitrust Law does not mean consent to collusion. Dziennik Gazeta Prawna, 04.17.2013.
- Collection of evidence in antitrust investigations – Where the powers of the OCCP President end [in] A. Brzezińska-Rawa, H. Nowicki (ed.) - The state and the economy. Toruń 2012.
- Judicial supervision on control (search) execution in entrepreneur’s seat during the proceedings before the President of Competition and Consumer Protection. Przegląd Ustawodawstwa Gospodarczego, 7/2012. • Conducting antimonopoly proceedings in the cases of distribution agreements solely against organisers of distribution systems. Przegląd Prawa Handlowego, 5/2012.
- Commentary on Art. 101 (1) of the Treaty on the Functioning of the European Union [in] A. Wróbel, K. Kowalik-Bańczyk, M. Szwarc-Kucher (ed.): The Treaty on the Functioning of the European Union. Commentary, vol. II, Wolters Kluwer Publishers, Warsaw 2012.
- Limits of application of the rules on the abuse of dominant position to the organisational activities of local government units - review of Supreme Court case law. Glosa 2/2012.
- Competitors are not allowed to agree on production volumes. Dziennik Gazeta Prawna, 10.10.2012.
- The OCCP is allowed to access confidential information of a suspected enterprise. Dziennik Gazeta Prawna, 11.07.2012.
- It is worth confessing and cooperating early with the OCCP. Dziennik Gazeta Prawna, 6.06.2012.
- When investigating collusion, the OCCP will check suspected entrepreneurs. Dziennik Gazeta Prawna, 18.04.2012.
- Precedent violations of the Competition Act’s provisions versus fines awarded by the President of Competition and Consumer Protection Office (UOKiK). Przegląd Ustawodawstwa Gospodarczego, 11/2011.
- Legal aspects of brand management [in] M.K. Witek-Hajduk (ed.): Managing a strong brand. Wolters Kluwer Publishers, Warsaw 2011.
- Pricing for wholesale wastewater collection as restrictive practices under the Act on Competition and Consumer Protection – gloss to the sentence of the Supreme Court of February 12 2009 (III SK 29/08). Glosa 4/2010.
- A note on the Judgment of the Court of First Instance of 26 January 2005 in Case T-193/02 Laurent Piau vs. Commission of the European Communities [in] A. Jurkowska-Gomułka (ed.): Case law of the Community Courts in competition matters 2004-2009, Wolters Kluwer Publishers, Warsaw 2010.
- A note on the Supreme Court Judgment of 02.04.2009 (Case III SK 19/08). Lex 2010.
- A note on the ECJ Judgment of 23 April 2009 (Case C-425/07 P). Lex 2010.
- Collective management of rights – the role of the Competition Authority against the background of copyright law [in] M. Krasnodębska-Tomkiel (ed.): Changes in Competition Policy Over the Last Two Decades. Published in connection with the 20th Anniversary of the Office of Competition and Consumer Protection. OCCP, Warsaw 2010.
- The application of antitrust law to collective management organizations - the limits of interference by the Antitrust Authority. Glosa 2/2010.
- The impact of EU law on Polish block exemptions from the prohibition of anticompetitive agreements. Europejski Przegląd Sądowy, 5/2010.
- Status of public and private universities in matters of abstractive control of pattern contracts. Przegląd Ustawodawstwa Gospodarczego, 3/2010.
- The application of antitrust law to collective management organizations - the boundaries of interference by the antitrust authority [in] K. Lewandowski (ed.): Copyright Law vs. Antitrust Law. Proceedings of the National Scientific Conference held in Poznań on 3rd June 2009, Poznań 2009.
- Sports association as an undertaking under Art. 82 and Art. 86 TEC – commentary to ECJ Judgement of 1 July 2008 in case C-49/07 Motosykletistiki Omospondia Ellados NPID (MOTOE). Europejski Przegląd Sądowy, 12/2009.
- The concept of “entrepreneur” in Polish and European competition law, Wolters Kluwer Publishers, Warsaw 2009.
- Organizing public services in antitrust law – a note on the Supreme Court Judgment of 20.11.2008 (Case III SK 12/08). Glosa 3/2009.
- Entities which are subjects of Polish and EC law prohibitions of anti-competitive practices. Europejski Przegląd Sądowy, 6/2009.
- Commentary on Art. 4.1 and 4.2 of the Competition and Consumer Protection Act of 16.02.2007 (Journal of Laws No. 50, item. 331) [in] T. Skoczny, A. Jurkowska, D. Miąsik (ed.): The Competition and Consumer Protection Act, Commentary. Warsaw 2009.
- The status of organizations of collective copyright management in competition law – a note on the Supreme Court Judgment of 6.12.2007 (Case III SK 16/07). Glosa 1/2009.
- Limiting the right to inspect evidence in proceedings before the President of the Office of Competition and Consumer Protection [UOKiK]. Przegląd Prawa Handlowego, 4/2008.
- Factors affecting fines imposed on a local self-government unit for anticompetitive practices. Glosa 1/2008.
- Collective management organizations are treated as entrepreneurs. Rzeczpospolita, 27.10.2008.
- Commission’s method of setting fines for the infringement of Art. 81 and 82 TEC. Europejski Przegląd Sądowy, 7/2007.
- Pluralism of the organizations for collective management of copyrights and related rights in European Competition law [in] W. Czapliński (ed.): Law in the 21st Century. Book commemorating the 50th Anniversary of the Polish Academy of Sciences Institute of Law Studies, Warsaw 2006.
- Anticompetitive practices of organizations for collective management of copyrights – case law review 2002-2006. Glosa, 4/2006.
- The definition of “Entrepreneur” and the relationship between Community and Polish competition laws [in] C. Banasinski, M. Kępiński, B. Popowska, T. Rabska (ed.): Current issues in Polish and European Competition laws, Warsaw 2006.
- Protection of competition and funeral services. Rzeczpospolita, 11.04.2006.
- The liability of publicly-funded communal enterprises for engaging in anticompetitive conduct in light of the antitrust case law. Samorząd Terytorialny, 7-8/2005.
- Protection of competition in the enlarged European Union. Gospodarka Materiałowa i Logistyka, 7/2005.
- Public institutions of health insurance in the light of antimonopoly law. Państwo i Prawo, 6/2005.
- Anticompetitive contractual provisions in corporate merger transactions - Community and Polish case law. Glosa, 2/2005.
- Small businesses and municipal monopolies. How to fight abuses of dominance. Rzeczpospolita, 20.09.2005
- New Community rules on group exemptions of technology transfer Contracts from the prohibition of anticompetitive agreements. Przegląd Prawa Handlowego, 6/2004.
- Organizations for the collective management of copyrights and their members in light of the definition of “Entrepreneur” in the Competition and Consumer Protection Act. Przegląd Ustawodawstwa Gospodarczego, 4/2004.
- Abuse of dominance by organizations for the collective management of copyrights in community law. Przegląd Prawa Handlowego, 11/2003
- The Competition and Consumer Protection Act and the exercise of copyrights. Kwartalnik Prawa Publicznego, 4/2002.