Proceedings before the President of UOKiK

In the energy sector, assessing market conduct may require parallel analysis of exchange-traded and OTC mechanisms, rules governing access to infrastructure and networks, tariffs and regulatory obligations, as well as risks arising from vertical relationships (generation–supply–distribution), in particular in the context of the functioning of the electricity market and the regulatory framework under energy law.

Our support includes developing a coherent procedural and evidential strategy so that the company’s conduct can also be defended in light of the obligations arising under the regulatory regime. In working with our clients, we recommend preventive measures aimed at effective management of regulatory risk. Drawing on the experience of our team of attorneys-at-law specialising in both energy law and competition law, we also offer solutions that anticipate legislative changes, based on the continuous monitoring of draft legislation.

Proceedings before the President of the Office of Competition and Consumer Protection – comprehensive legal support

Our services include in particular:

• assessing risk and representing clients in cases concerning abuse of a dominant position in the energy sector (including refusal of access to infrastructure, discriminatory conditions, exclusionary practices, margin squeeze and bundling),

• handling cases concerning anti-competitive agreements, including allegations of coordination of conduct, exchange of information, exclusivity clauses, and territorial or customer restrictions,

• supporting proceedings concerning vertical relationships (generator–supplier–DSO/TSO, distributor–suppliers, aggregators, balancing service providers),

• handling UOKiK explanatory proceedings, including preparation of submissions, market data and justifications for business practices,

• advising on and representing clients in merger control matters in the energy sector (generation, renewable portfolios, storage, supply companies, infrastructure),

• preparing clients for inspections and dawn raids: procedures, training, staff instructions, and safeguarding the undertaking’s procedural rights in proceedings before the President of the Office of Competition and Consumer Protection,

• developing and implementing competition compliance strategies for energy companies, including rules on contacts with competitors, standards for information exchange and documentation of decisions,

• preparing economic argumentation and evidential material (relevant markets, market shares, barriers to entry, substitutability analysis, exclusionary effects),

• supporting clients in “sensitive” areas of the energy sector: switching supplier, access to metering data, connection terms, balancing rules, settlements and network charges — to the extent that these may generate antitrust risks,

• representing clients in proceedings concerning financial penalties and remedies, including negotiation of commitments, mitigation of sanctions and preparation of decision implementation plans,

• coordinating positions in cases involving both a regulatory perspective (URE) and an antitrust perspective (UOKiK), so that the argumentation remains consistent and does not create risks under the other regime.

The importance of regulatory analysis in the electricity market

In proceedings before UOKiK concerning the energy sector, particular importance attaches to volume and pricing data (profile, baseload, products), balancing mechanisms and technical constraints, DSO/TSO obligations, tariff-setting rules, and the impact of regulation on the scope for and manner of market conduct. For that reason, we place strong emphasis on the careful preparation of the underlying record: decision-making documents, business justifications, settlement models and operational practices, so as to distinguish conduct driven by regulation from conduct of an anti-competitive nature. In practice, this requires the knowledge and experience of lawyers specialising in energy law.

Energy law practitioners – GJW’s comprehensive approach

We combine procedural practice before UOKiK with a practical understanding of the realities of the energy market. The GJW team is made up of experienced experts who know the energy sector and are also familiar with the operating principles of the technical solutions used in the industry. We work from both a transactional and operational perspective: in parallel, we protect the client’s interests in the proceedings, organise internal risks (compliance, communication, documentation), and develop solutions that enable the client to continue its business without escalating antitrust risk. We provide reliable substantive and procedural support, building a stable legal framework for the growth of our clients’ business.