Fast-Moving Consumer Goods (“FMCG”)

Area of expertise

The operations of fast moving consumer goods (“FMCG”) market players are frequently reviewed and investigated by UOKiK, who often focuses on the regulations of promotional offers of stores and retail chains and evaluates whether commercial communications to customers are fair and not misleading. Retail stores and chains should be aware of other regulations concerning market supervision, general product safety and requirements for non-food products and services.

It is necessary that FMCG market players understand their legal obligations and avoid using an unfair contractual advantage in the supply chain of agricultural products and foodstuffs.

Although UOKiK’s recent enforcement efforts in the FMCG markets have mainly concerned consumer law and provisions that could be interpreted as exploiting a contractual advantage, it continues to keep a close eye on this sector from the perspective of competition law compliance.

UOKiK has often investigated the relations between manufacturers and distributors and has imposed high fines for resale price maintenance. UOKiK may challenge various forms of cooperation between competing retail chains from the point of view of prohibited competition-restricting agreements. Regardless of the market type, every company should be aware that once a specific turnover limit is exceeded and the juristional requirement is met, a merger, acquisition or establishment of a joint-venture requires the prior consent of UOKiK or the European Commission.

Experience

Our Law Firm’s services include:

representation at each stage of administrative proceedings before the President of UOKiK and at all levels of judicial appellate proceedings;
representing clients at each stage of administrative proceedings before the relevant authorities and administrative courts (in cases concerning market supervision and general safety of products, non-food products and services);
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 FMCG industry, our Law Firm has experience in:

representing a client operating in the HSD (hypermarkets, supermarkets and discount stores) market in proceedings before the President of UOKiK concerning a violation of collective consumer interests (ultimately UOKiK accepted the client’s commitment).

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