E-commerce

Area of expertise

The e-commerce sector has rapidly evolved to become a key business driver. Electronic commerce provides clear benefits for consumers (e.g. greater choice and often, lower prices of goods and services, convenience, easier communication with sellers) and for companies (e.g., the potential to create new business models, new marketing opportunities and often, a more personal relationship between a provider and a consumer).

Despite providing benefits to consumers, e-commerce businesses face specific regulatory risks, and competition and consumer protection authorities keep a close eye on new business models developed in information technologies.

In accordance with its mission to protect consumers, UOKiK regularly inspects sale regulations of online stores. UOKiK appears to follow up on signals of possible anticompetitive conduct by manufacturers and their distributors. High penalties have been imposed in cases of resale price maintenance (RPM) and certain other forms of obligations imposed on online sellers. The European Commission has also imposed penalties for restricting the freedom of online sellers.

Experience

Our experience:

representation at each stage of administrative proceedings before the President of UOKiK and at all levels of judicial appellate proceedings;
representation in civil courts in cases of unfair competition and claims for damages resulting from another company’s violation of the competition law;
compliance seminars tailored to a client’s needs and business;
legal compliance assessments (audits) of a client’s business.

With regard to e-commerce, our Law Firm is experienced in:

drafting complaints of abuses of dominance and of violations of collective consumer interests in the online services market. The complaints were submitted both to the President of UOKiK and to the President of the Office of Electronic Communications (as the challenged conduct was in breach of the telecommunications law);
representing a client operating in the e-marketing industry before the President of UOKiK and the President of the Office of Electronic Communications.

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