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Marcin Trepka

Counsel
+48.22.653.4214
Fax +48.22.653.4250
Marcin Trepka is a member of the global Antitrust, Competition and Trade Regulation practice at K&L Gates. He spearheads the competition team in Warsaw.

He specializes in Polish and EU competition law including restrictive practices and agreements (in particular cartels), abuse of dominant market position by large network companies, merger control and state aid. Marcin represents clients before the competition authorities as well as courts of law. He also has unique experience in preparing and implementing compliance programs in businesses operating in the financial, pharmaceutical and energy sectors.

Additionally, Marcin Trepka has also been serving since 2013 as the Vice-President of the International Chamber of Commerce (ICC) Competition Commission in Poland. Recently, Marcin has been appointed to the leadership of the Global ICC Cartels and Leniency Task Force, where he actively engages in and promotes dialogue between global businesses and government agencies.

Achievements

  • Recognized in Legal 500 (2014/2015) in Competition/Antitrust Law (Tier 3)
  • Recognized in Chambers Europe - Europe's Leading Lawyers for Business (2013) for energy and natural resources in Poland. The rank confirmed he "enjoys a growing reputation in the field of wind energy" and receives "extensive praise from clients".

Professional/Civic Activities

  • Co-Chairman of the Global Cartels and Leniency Task Force of the ICC Competition Commission in Paris, 2015 - current
  • Vice-President of the International Chambers of Commerce (ICC) Antitrust Commission in Poland, 2013 - current

Speaking Engagements

  • Marcin is a frequent speaker at K&L Gates Breakfast with Competition law seminars, including the most recent: “Financial liability of managers for breach of competition law - how to operate in the new reality”, March 18, 2015; “Afraid of a dawn raid? Don’t be! What is worth knowing about antimonopoly authority inspections?” May 22, 2015 and “How to build an effective Competition law compliance program”, June 25, 2015, and many more.
  • “The issue of relations between Polish Competition Authority and developers in the light of recent amendments to competition law and market practices” workshops for developers and construction companies, Warsaw, November 23, 2015
  • “The Thin Price Line”, panelist in Harvard Business Review Poland’s debate of competition experts on price fixing and competition, May 2015.
  • “How to prepare for a dawn raid of an Antitrust Authority and the Financial Supervision Authority” workshops carried out within the “Operating & Compliance Risk project, Warsaw April 10-11, 2014”.
  • “How to deal with a regulatory overload. Compliance in practice”, workshops on building a robust antitrust compliance programme in a financial institution, 5th Congress of the Association of Stock Exchange Issuers, Jachranka, March 4-5, 2014.
  • “Development and implementation of antitrust compliance policy in financial institutions”, workshops for representatives of banks and insurers, Warsaw, February 10-11, 2014.
  • “Antitrust dawn raid in your company”, training for managers and members of security and compliance departments within symposium: “Discovery of abuses and risk identification in a company”, Warsaw, May 21-23, 2013.
Antitrust & Trade Regulation

Government Investigations, Cartels and disputed matters
  • Advised a leading Polish cement producer in the biggest cartel case in antitrust law in Poland (over $100 MLN in fines).
  • Advised a leading producer of construction chemicals for the mining industry in a precedent-setting antitrust case alleging bid rigging.
  • Advised a leading bicycle and sports equipment distributor in Poland in antimonopoly proceedings alleging price-fixing (case won before the Court of Competition and Consumer Protection).
  • Advised a winter sports equipment distributor in antimonopoly proceedings alleging price-fixing.
  • 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.
  • Advised 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.

Antitrust Compliance

  • Advised a leading insurance institution in Poland in preparation and implementation of complex competition compliance program.
  • Advised a major pharmaceutical capital group in Poland in preparation and implementation of innovative compliance policies as well as providing a professional training program.
  • Advised a leading producer from Food and Beverage market in Poland in preparation and implementation of innovative compliance policies as well as providing a professional training program.
  • Advised power trading companies on matters related to applying pricing policies in compliance of the applied policy with competition law as well as on abuse of dominant market position and agreements infringing competition law.

Merger clearance

  • Advised a French capital group in the merger clearance proceedings and obtaining unconditional competition authority’s approvals on acquisitions businesses from facility management sector in Poland.
  • Advised a private equity investment fund in several merger clearance proceedings and obtaining the competition authority’s unconditional approval on the acquisition of businesses incorporated under Polish and Luxembourg law respectively.
  • Advised leading Scandinavian financial institution on competition issues connected with selling its assets in Poland, including in merger clearance proceeding on obtaining competition authority’s approval on acquisition its assets by the buyer.

State Aid

  • Advising a major energy company in Poland on state aid issues in the mining sector regarding planned investment as a result of a political plan of restructuring Polish Mining Industry.
  • Advised the Polish Wind Energy Association on compliance of Polish support scheme of green certificates for renewable energy sources with EU State Aid regulations, including whether this scheme is a State Aid and should be noticed to the European Commission.

Consumer issues

  • Successfully defending fashion brand start-up in over 30 litigations before the Court of Competition and Consumer Protection as well as Court of Appeal in Warsaw in consumer protection related matters for recognition of selected provisions of the client’s statute as being anticompetitive.
  • Successfully defending client and wining the case before the Polish Supreme Court in a litigation regarding consumer protection issues.
  • Advising client in preparation and implementation of loyalty scheme designed for the businesses from energy sector offering as one of the benefits the insurance package.

Energy

  • Advising PGE Polska Grupa Energetyczna S.A. on the hitherto largest transaction of acquiring a portfolio of operating wind farms in Poland of a total capacity of 140 MW.
  • 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 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.