Energy market

Area of expertise

The operations of energy markets, similar to many network industries, are strictly regulated. Business practices and procedures of a company in this market must be in line with the Competition and Consumer Act as well as with the Energy Law.

UOKiK regularly inspects the regulations and contract templates offered by companies selling energy, heat or gas to customers. UOKiK has also assessed the fairness of energy companies’ commercial communications with customers and the market.

In view of the high levels of concentration in the energy, gas and heat markets, companies intending to carry out a merger, make an acquisition, or other types of transactions that are subject to pre-notification must provide particularly convincing arguments in their notifications of proposed concentrations to UOKiK or the European Commission.

Long-standing monopolists can expect a more extensive evaluation of their practices in terms of abuse of their market dominance. UOKiK has often investigated the business practices for example, in the gas industry and in the production and sale of liquid fuels. Standard contracts and practices may also be subject to close review by UOKiK.

Experience

Our Law Firm’s services include:

representation at each stage of administrative proceedings before the President of UOKiK and at each stage of 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 the energy market, our Law Firm has experience in:

representing a heating distribution company in anti-trust proceedings before the President of UOKiK;
drafting and submitting a complaint concerning an abuse of a dominance in the heat production market;
assessing compliance with competition law of contract templates used by a heating distribution company;
assessing whether certain government support complies with state aid legislation for a client operating in the power engineering industry;
seminars on compliance with competition law tailored to the work of sales employees of an energy company;
concentration-related advice to clients operating in the fuel industry.