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Kubas Kos Gałkowski | Poland | 3 Sep 2021

High time for REITs in Polish real estate market

In Poland, despite some downtime relating to the covid-19 pandemic, the demand for flats purchased for investment purposes is growing steadily. However, Polish law does not currently provide for the regulation of real estate investment trust-type entities. The Polish legislature has previously embarked on drafting a bill to regulate the operation of such companies, but to no avail. At......
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Kubas Kos Gałkowski | Poland | 26 Aug 2021

Arbitration clause in lease agreement does not bind property buyer

Disputes can often occur in the real estate market when a commercial property for lease is acquired from developers by investment funds. Such sales usually happen after the first lease agreements have been concluded; these agreements often contain arbitration clauses. Stakeholders should carefully consider Supreme Court case law regarding whether an arbitration clause in such an agreement......
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Kubas Kos Gałkowski | Poland | 10 Aug 2021

Trade secret protection in competition infringement cases

Protecting a company's critical information is an essential factor to consider in conducting any business. It also has an incredibly significant impact on parties' litigation strategies if it becomes necessary to initiate court proceedings or defend against legal action. In recent years, Poland has introduced regulations to equip parties with new tools in this regard. This is in addition to......
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Kubas Kos Gałkowski | Poland | 9 Aug 2021

Exchange of information on Polish energy market: introduction of CSIRE

An amendment to the Act of 10 April 1997 was recently published in the Journal of Laws. One of the main features of the amendment was the introduction of the Central Information System for the Energy Market. The aim of the amendment is to ensure one coherent source of data is used by the various entities on the energy market, ensuring a standard form of this data and easy access by authorised......
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Kubas Kos Gałkowski | Poland | 19 Jul 2021

Polish Energy Law: amendment comes into force

A new amendment to the Energy Law and certain other acts was recently published in the Journal of Laws. The amendment aims to introduce solutions within the legal system to improve the functioning and development of the energy market in relation to the generation, transmission, storage, distribution and trading of energy. New solutions have been introduced to counteract the unfair practices......
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Schoenherr | Poland | 27 May 2021

UOKiK to examine TV broadcasters' practices

The Office of Competition and Consumer Protection (UOKiK) recently announced the launch of two anti-monopoly proceedings against Polsat Television and four Discovery Group entities. According to the UOKiK, these companies may have abused their dominant position on the TV channel distribution market to the detriment of cable TV operators and ultimately consumers by way of bundled sales of TV......
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Kubas Kos Gałkowski | Poland | 17 May 2021

Changes to rules for charging e-vehicles

The Ministry of Climate and Environment has published a draft amendment to the Act of 11 January 2018 on Electromobility and Alternative Fuels and certain other acts which proposes new regulations on the charging of e-cars. The changes primarily serve to identify the elements to be considered when testing electrical installations in multi-family buildings, as well as the manner of settlements......
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Schoenherr | Poland | 6 May 2021

UOKiK fines gas distributors for gun jumping and information delay

In 2020 the Office of Competition and Consumer Protection (UOKiK) fined a liquefied petroleum gas distributor Zl730,000 (€160,000) for failing to notify a takeover. At the same time, the UOKiK imposed a Zl120,000 (€26,800) penalty on an industrial gas supplier for lack of cooperation following an information request in the context of merger market research.
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Schoenherr | Poland | 29 Apr 2021

UOKiK closes marketing association probe with commitments

In 2020 the Office of Competition and Consumer Protection (UOKiK) closed an inquiry into a marketing association with commitments. The association obliged branding agencies to resign from tenders in which no remuneration was due for a creative process (eg, the presentation of a poster or packaging design) – the so-called 'rejection fee'. The UOKiK stated that this deprived members of their......
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Schoenherr | Poland | 22 Apr 2021

Gazprom appeals fine for failing to provide information in pipeline probe

After the Office of Competition and Consumer Protection (UOKiK) fined Gazprom Zl213 million (€48 million) for withholding information in a probe concerning a joint venture to build and operate the Nord Stream 2 gas pipeline, the Russian gas company announced that it had appealed the fine. Several companies tried to get approval from the UOKiK to set up a joint venture to build and operate......
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