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.
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.
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.
Mobile telephony – EU Phase II mergers
Katarzyna represented Telia in an EU merger Phase II filing relating to a proposed JV in Denmark, and Deutsche Telekom in the proposed acquisition of Tele2 Netherlands, both four-to-three mobile market consolidations.
Airline sector – Cross border filings
Katarzyna advised the Polish Aviation Group (PGL), owner of LOT Polish Airlines S.A., on the merger control aspects of the proposed acquisition of Germany's Condor, a leisure airline. The transaction required merger control approvals in several jurisdictions world-wide.
IT sector – Cross border filings
Katarzyna advised Avast Software, one of the world's major players in the security software market, on the merger control aspects of the proposed acquisition of New York Stock Exchange-listed AVG Technologies N.V. The transaction required merger control approvals in several jurisdictions world-wide.
Shipyards – EU Phase II merger
Katarzyna represented a target company before the European Commission in a Phase II merger case in the shipyard industry.
Oil & gas – EU Phase II merger
Katarzyna advised a third party on the strategic considerations relating to an EU Phase II investigation of a proposed consolidation in the oil & gas industry.
11th Frontiers of Antitrust Conference, "Start-ups, EU champions and unicorns for a digital sovereignty: What role for competition policy?", 3 November 2020: Concurrences, webinar (Panelist)
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)
"No Magic Number" Means "No Magic Number": Will the EU Court Turn the Tide on 4-to-3 Mobile Mergers in Europe?, Kluwer Competition Law Blog, 4 March 2021
Start-ups, European champions and unicorns for a digital sovereignty: What role for competition policy?, Concurrences, N°1-2021 - New Frontiers of Antitrust, February 2021
Co-author, chapters on "Europe" & "Poland", Getting the Deal Through - Market Intelligence - Merger Control, January 2021
Will last year's landmark ruling open the door to in-country consolidations?, Mobile Europe, 4 January 2021
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, "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
Lord Slynn Foundation Fellow