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Marcin Trepka

Associate
+48.22.653.4214
Fax +48.22.653.4250
Marcin Trepka advises on regulatory issues and litigations associated with Polish and EU antitrust law and matters related to energy law.

Marcin Trepka gained significant experience by assisting clients in prominent antitrust cases including in matters related to restrictive agreements (cement, construction chemicals, cartel cases), abuse of dominant market position by large network companies and merger control (acquisition of the Nordea bank by PKO S.A. or a portfolio of wind power companies by PGE S.A.). He also has unique experience in antitrust dawn raids and compliance. He has successfully prepared and implemented innovative antitrust compliance policies in a number of companies operating in the pharmaceutical, energy, food & beverages and sports sectors.

Marcin Trepka has also been serving since 2013 as the Vice-President of the International Chamber of Commerce (ICC) Antitrust Commission in Poland.

Achievements

  • Recognized in Legal 500 (2014) 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

  • Vice-President of the International Chambers of Commerce (ICC) Antitrust Commission in Poland, 2013 - current
  • Visiting - Lecturer of energy law at Warsaw University of Life Sciences, Faculty of Production Engineering, Renewable Energy Technologies, spoke on "Reasons for legal disputes between investors and energy enterprises interconnection of RES", 2012-2013
  • Lecturer on law to high-school students, "Street Law" Student Program, 2007-2008

Speaking Engagements

 
Antitrust
  • 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.
Energy
  • “Development and implementation of policy compliance with competition law 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.
  • "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 process 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.

       

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Antitrust & Trade Regulation
  • Advised a leading producer of construction chemicals for the mining industry in a precedent antitrust case alleging bid rigging.
  • 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.
  • 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 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.
  • 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 compliance of the applied policy 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
  •  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.
  • 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.
  • Advised Combined Heat and Power generating companies (CHP) on matters related to heat and power co-generation.