Iwo Małobęcki

Associate, Warsaw

Biography

Overview

Iwo Małobęcki focuses his practice on competition law matters and mergers & acquisitions.

Iwo has provided legal advice on the antimonopoly and commercial law aspects of cross-border concentrations of business entities. He has been assisting clients in merger filings with EU and national competition authorities and providing guidance in relation to compliance with antitrust and competition law in the EU and Poland. Iwo has also been advising clients on other competition law related aspects, including unfair competition practices, state aid and anticompetitive clauses in contracts. His recent industry experience includes metallurgical, mining and chemical industries as well as transport, aviation and IT sectors.

Bars and Courts
Advocate, Regional Bar Chamber in Warsaw
Education
LLM
Master of Law & Economics
Utrecht University
Master's Degree
University of Warsaw

Faculty of Law and Administration

Socrates – Erasmus scholarship
Utrecht University
Center for American Law Studies at the Faculty of Law
University of Warsaw

(in cooperation with the University of Florida)

Languages
English
German
Polish

Experience

Mid Europa Partners: representation of Mid Europa Partners, a private equity fund that invests primarily in Eastern Europe, on its acquisition of intive S.A., a digital product and software development services business based in Poland, Germany and Argentina from Enterprise Investors.

Deutsche Telekom (DT): representation of Deutsche Telekom before the European Commission (EC), which has unconditionally approved the acquisition of Tele2 NL by DT subsidiary T-Mobile Netherlands. The clearance decision follows an in-depth Phase II investigation, which the EC opened to assess the proposed acquisition.

PGE Polska Grupa Energetyczna S.A.: representation of PGE (Poland's biggest power producer), in its PLN 4.51 billion (approximately US$1.2 billion) acquisition of the EDF Group's assets in Poland.

Synthos S.A.: representation of Synthos S.A., one of the largest manufacturers of chemical raw materials in Poland and Europe's leading manufacturer of emulsion rubbers, in the acquisition from INEOS Enterprises of the INEO Styrenics business, a leading producer of high quality expandable polystyrene for the building, construction and packaging industries. The transaction included the indirect acquisition of shares in the INEOS Styrenics subsidiaries in France, the Netherlands and Turkey, as well as the assets of Switzerland-based INEOS Styrenics International SA. Transaction value: €80 million.

REICO investiční společnost České Spořitelny, a.s.: representation of REICO, acting on behalf of ČS nemovitostní fond, the largest and oldest Czech open-ended real estate investment fund, in the €164 million acquisition of the Galeria Słoneczna in Radom.

United Internet AG: Representation of United Internet AG and its subsidiary, 1&1 Internet SE, in connection with the acquisition for around €150 million of home.pl S.A. from its current owners, led by private equity fund V4C Eastern Europe.

Kompania Węglowa S.A.: Comprehensive advice to a leading hard coal producer in Europe and major hard coal supplier for the Polish commercial power engineering sector in its ongoing restructuring process and creation of Polska Grupa Górnicza Sp. z o.o.

Glencore Industries The Netherlands B.V.: Representation of Glencore Industries The Netherlands B.V. on its takeover of PROKON Pflanzenöl GmbH. The transaction was completed in the form of a share deal and was one of the largest distressed asset transactions to take place in Germany since the beginning of 2014. PROKON Pflanzenöl was sold by Dr. Dietmar Penzlin, acting as insolvency administrator for the Itzehoe-based wind energy firm PROKON. PROKON Pflanzenöl's core business is the production of biodiesel as well as vegetable and edible oils from rapeseed.

Nestlé Waters: Advised on the Polish law aspects for Nestlé Waters in the sale of its Home and Office Delivery (HOD) business in Europe (Nestlé Waters Direct Europe) to Eden Springs Group.  This transaction encompassed five European countries in addition to Poland, including France (where the seller is based), Germany, the Netherlands, Portugal and Russia.

CIECH S.A.: Advised KI Chemistry s.à r.l., a subsidiary of Kulczyk Investments S.A., in connection with the acquisition of a majority of shares in CIECH S.A., the leading European chemical company and the second largest producer of soda ash in Europe. The transaction was carried out by way of a tender offer for the acquisition of up to 66% of the issued share capital of CIECH S.A. Value of the transaction: PLN 835 million (US$278 million).

Publications

Tying and bundling as a potential infringement of EU competition law – legal and economic analysis, Office of Competition and Consumer Protection, Warsaw, 2013

Patent abuse in European Competition Law, M. Sendrowicz (ed.), Selected issues of competition law and regulation of the protection of consumer rights, Warsaw, 2013,

Complaints to the European Court of Human Rights, I. Kraśnicka (ed.), Cases and patterns of pleadings, Warsaw , 2011, (co-author) , CH Beck

The role of the local government in shaping the civil society in Poland after 1989, M. Grochowski, J. Kostrubiel, E. Streit (ed.), The changes of State and Law in the countries of Central and Eastern Europe, Lublin, 2009