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.

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
French
German

Experience

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.

Beverage sector – Cross border filings
Katarzyna advised Cott Corporation on the merger control aspects of the proposed acquisition of Eden Springs, a leading European direct-to-consumer services provider. 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.

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

June 21, Warsaw: Katarzyna Czapracka (Brussels) has been invited to give a presentation on "New Trends in EU merger control" during the Ekonomia prawa konkurencji (Economy of Competition Law) seminar organised by the UOKiK (the Polish Office of Competition and Consumer Protection).

Publications

The shifting sands of EU merger control – un, deux, trois, piano!, Competition Law & Policy Debate, Volume 3, Issue 4, November 2017 (co-author 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

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

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

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

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

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

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