Katarzyna Czapracka

Partner, Brussels, Warsaw

Biography

Overview

Katarzyna advises clients on the full range of competition law issues, including complex merger control and antitrust matters.

She represents clients in Phase I and Phase II merger cases before the European Commission and the Polish competition authority. She has broad experience advising on multijurisdictional considerations, as well as remedies in merger cases.

Katarzyna also defends clients in conduct matters and advises on compliance with antitrust rules. Her experience includes handling EU and national investigations and litigation before the EU and national courts.

Based in Brussels and Warsaw, her practice focuses on EU and cross- border projects, but she is also adept in domestic Polish matters. Katarzyna has also worked in the Firm's offices in New York and Washington, DC, where her practice focused on international and US antitrust matters.

Katarzyna defends clients in conduct matters and advises on compliance with antitrust rules. Her experience includes handling EU and national investigations and litigation before the EU and national courts.

She advises clients on complex cases of abuse of dominance, involving price-based conduct (rebates), refusal to supply/license and tying/bundling practices. She has also been involved in cartel investigations and in pleading related appeals before the EU Courts.

She has extensive experience in handling cases involving the intersection of IP and competition law, including technology transfer/IP licensing agreements. She received a doctorate (JSD) from Columbia Law School in 2007, where her thesis focused on the intersection between IP and competition law.

Bars and Courts
Brussels Bar (E list)
Advocate, Regional Bar Chamber in Warsaw
New York State Bar
Education
JSD
Columbia Law School
LLM
Columbia Law School
Master of Laws
Adam Mickiewicz University School of Law
MA
Warsaw School of Economics
Languages
English
Polish

Experience

Kaučuk/Unipetrol v Commission; cases T-44/07 and T-45/07
Katarzyna represented Kaučuk in the application for annulment of the Commission decision finding Kaučuk liable for the BR/ESBR cartel infringement and imposing a fine of €17.55 million. The General Court annulled the European Commission's infringement decision against the companies, and overturned in their entirety the fines imposed on them.

Chalkor AE Epexergasias Metallon v Commission; cases C-386/10 P and T-21/05
Katarzyna represented Chalkor in an appeal to the Court of Justice of the EU against a European Commission cartel decision concerning copper plumbing tubes. The case raised fundamental questions of due process and judicial review which shaped the case law of European competition law.

Abuse of dominance proceedings – EU
Katarzyna advised a global technology company in the EU investigation into its rebate practices.

Abuse of dominance proceedings - Europe
Katarzyna represented a major international company active in the coffee market in abuse of dominance proceedings, as well as in litigation in national courts and competition authorities.

Abuse of dominance (margin squeeze)
Katarzyna advised a major telecoms company on an abuse of dominance (margin squeeze) case, which involved interactions with both national authorities and the European Commission.

Speaking Engagements

Concurrences webinar "The General Court's CK Telecoms Ruling: Is Three the New Magic Number?", 1 July 2020 (Speaker)

CEE Roundtable Debate, "Due Process in Competition Proceedings", 29 November 2019: [email protected], Warsaw, Poland (Chair)

Ekonomia Prawa Konkurencji, "Ekonomia prawa konkurencji - Porozumienia wertykalne - praktyczne aspekty porozumień pionowych" [Economics of competition law – Vertical agreements – Practical aspects], 5 June 2019: Urząd Ochrony Konkurencji i Konsumentów (UOKIK), Warsaw, Poland (Panelist)

Conference on Current Trends in Slovak and EU Competition Law, "Vertical Restraints – Recent Developments in the EU and Poland", 22 May 2019: AMO (with Faculty of law, Comenius University in Bratislava & [email protected]), Bratislava, Slovak Republic (Speaker)

Competition Law Central & Eastern Europe (CEE) 2019, "Recent Developments in Merger Control", 21 May 2019: Knecht365, Warsaw, Poland (Speaker)

Kazus: Antymonopolowa Analiza Systemu Rabatowego [Workshop on the Assessment of Rebates under the Competition Rules], 25 April 2019, Warsaw, Poland (Speaker)

American Bar Association (ABA) webinar on "Class Actions European Style", 11 December 2018 (Speaker)

Competition Law Congress , "Rabaty, upusty, bonusy, premie a regulacje krajowego i unijnego prawa konkurencji" [Rebates, Discounts, Bonuses and Premium under UE and National Competition Law], 15 November 2018: Puls Biznesu Bonnier, Warsaw, Poland (Speaker)

Publications

Co-author, The shifting sands of EU merger control – un, deux, trois, piano!, Competition Law & Policy Debate, Volume 3, Issue 4, November 2017 (with Mark Powell)
The Transatlantic Divide on Verticals—The Underlying Reasons and the Way Forward, The Antitrust Bulletin 2017, Vol. 62(2) 294-312, May 2017

Co-author, "The UPS Case: Merger parties must have a chance to review the European Commission's econometric evidence", Competition Law Insight, April 2017 (with James Killick)

Co-author, "Arbitrating Competition Law Matters in Pharmaceutical Matters," chapter in EU and US Antitrust Arbitration, Blanke & Landolt (Eds.), Wolters Kluwer, 2011 (with Ian Forrester)

Co-author, "Compulsory Licensing in European Competition Law: The Power of the Adjective," Intellectual Property and Competition Law: New Frontiers, Anderman and Ezrachi (Eds.), Oxford University Press, Oxford, 2011 (with Ian Forrester)

Co-author, "Recent EU Antitrust Investigations into Financial Services—What Is the Scope for Antitrust Intervention?," CPI Antitrust Chronicle, July 2011 (with Mark Powell)

Co-author, "IP Rights in the EU Microsoft Saga," Competition Law and the Enforcement of Article 102, Etro & Kokkoris (Eds.), Oxford University Press, Oxford, 2010 (with Assimakis Komninos)

"Aksjologiczne ramy unijnego prawa konkurencji," Konstytucja gospodarcza Unii Europejskiej. Aksjologia, Artur Nowak-Far (ed.), C.H. Beck, 2010

"Intellectual Property and the Limits Of Antitrust: A Comparative Study of U.S. and EU Approaches," Edward Elgar, 2009

"Antitrust and Trade Secrets: The U.S. and EU Approach," 24 Santa Clara Computer High Technology Law Journal, 2008

"Where Antitrust Ends and IP Begins – on the Roots of the Transatlantic Clashes," 9 Yale J. L. & Tech. 44, 2007

Awards and Recognition

Lord Slynn Foundation Fellow