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Marcin Trepka

Associate
+48.22.653.4200
Fax +48.22.653.4250

Marcin Trepka advises on matters related to energy law, competition and consumer protection and project finance. He represented entrepreneurs in various administrative and civil proceedings, including disputes before the President of the Energy Regulatory Office and the President of the Office of Competition and Consumer Protection as well as the Court of Competition and Consumer Protection. Mr. Trepka has advised on developing a number of energy projects of a total capacity exceeding 3000 MW, including a Natural Gas Power Plant project and over 30 wind farm projects.

Marcin Trepka has also gained significant experience by assisting clients in prominent antitrust cases, including matters related to restrictive agreements (cement cartel, price-fixing), abuse of dominant market position and compliance. Young and innovative fashion brands in the apparel and footwear sector benefit from his competition advice in matters related to unfair competition and preventing unfair market practices. He has also successfully prepared and implemented innovative antitrust policies for a number of companies operating in the pharmaceutical, energy, and sports sectors. Additionally, he has conducted a series of trainings on antitrust law.

Professional Background

Before joining K&L Gates, Marcin Trepka was an Associate in  the Energy department of the Warsaw office of another international firm. Before that, he gained experience at renowned international law firms.

Achievements

  • Recognized in Chambers Europe - Europe's Leading Lawyers for Business (2013) for energy and natural resources in Poland. The ranking confirmed he "enjoys a growing reputation in the field of wind energy" and receives "extensive praise from clients".

Professional/Civic Activities

  • Visiting - Lecturer of energy law at Warsaw University of Life Sciences, Faculty of Production Engineering, Renewable Energy Technologies, spoke on "Reasons of legal disputes between investors and energy enterprises interconnection of RES", April 2012
  • Editor-in- Chief, "Obsesja", students' magazine, 2008-2010
  • Lecturer on law to high-school students, "Street Law" Student Program, 2007-2008

Speaking Engagements

  • "Recent Trends in Wind Farms Interconnection Disputes”, conference MM Conferences “Problematic aspects of wind farm investments – overcoming location-, environmental- and social barriers”, Warsaw, October 29-30, 2012
  • "Selected Aspects of Permissions to Locate Offshore Wind Farms", spoke on the legal aspects in the proccess of obtaining Offshore permission in particular competitive proceedings issues at the first Offshore Conference & Exhibition organized by the Polish Wind Energy Association, Sopot October 10 - 11, 2012
  • "Impact of legal regulations on the Renewable Energy Sources Market", spoke at science conference "Economic and Legal Aspects of Renewable Energy Sources Development in Poland" organized by Warsaw University of Life Sciences, Faculty of Production Engineering, Renewable Energy Technologies, Warsaw, May 22, 2012
  • "Impact of the Recent Energy Law Amendments on Wind Energy Projects Interconnection Proceedings. Acceleration or Inhibition of Wind Energy Projects Development?" spoke on wind farm grid interconnection aspects, WIND, INC. Integrating Wind Energy Mix, Gdańsk, Poland, February 6-7, 2012
  • "Career Signposts", a nationwide program aimed at students' career development, Warsaw, Poland, March 30, 2011
Antitrust & Trade Regulation
  • Preparation and implementation from scratch of an innovative compliance policy as well as providing a professional training program in this regard for major companies operating on the Polish pharmaceutical market, including the Polpharma capital group.
  • Advised a leading Polish cement producer in the biggest cartel case in antitrust law in Poland.
  • Advised a major bicycle and sports equipment distributor in Poland in antimonopoly proceedings alleging price-fixing as well as preparing and providing an individual training program on competition law issues.
  • Advised a leading investor in renewable energy in litigation against a major electricity grid operator in Poland regarding abuse of dominant position by imposing burdensome contractual conditions and preventing competition on the relevant market. The litigation amount is PLN 223 MLN.
  • Advised young Polish fashion brands from the Apparel & Footwear sector in matters related to private enforcement of competition law, unlawful competition issues, preventing unfair market practices as well as creation of pricing policies and agreements compliance with competition law.
  • Advised the Polish Wind Energy Association in preparation of comments and proposals in the legislative process for new laws (Law on Renewable Energy Sources) in relation to the impact of the laws on competition on the energy market
  • Advised power trading companies on matters related to applying pricing policies in c.ompliance with competition law as well as on abuse of dominant market position and agreements infringing competition law.
  • Advised a multinational consortium in connection with tender proceedings related to the development of the second metro line in the city of Warsaw. 

Energy
  • Advised foreign and domestic investors in connection with offshore wind power plant projects in Poland of a total capacity exceeding 2000 MW, including obtaining offshore permits under the new Maritime Areas Act and during a competitive procedure.
  • Advised a coal mine in negotiations on a long-term coal supply agreement of approx. EUR 2.5 billion.
  • Successfully represented power trading and power generating companies in litigations before the Court of Competition and Consumer Protection in cases against the President of Energy Regulatory Office regarding the imposition of a fine for failing to purchase electricity from renewable energy sources ("green certificates") as well as from CHP ("red certificates").
  • Advised a leading European power company on developing a green field Combined Cycle Natural Gas Power Plant project of a total capacity of 1000 MW in Poland.
  • Advised investors in disputes before the President of the Energy Regulatory Authority concerning tariffs, wind farm grid interconnection as well as concerning the obligation of power generating utilities to maintain fuel reserves.
  • Advised power generating companies, distribution companies and electricity traders on matters related to agreements on interconnection to the electricity grid, agreements on electricity distribution services and electricity purchase agreements as well as on matters related to power balancing in the balancing power market.
  • Advised Combined Heat and Power generating companies (CHP) on matters related to heat and power co-generation. 
  • Advised investors on matters related to trade and production of biogas.