ECh&W

Practices

  • The Energy Industry Practice
  • Regulation and Competition Protection Practice

    Regulation and Competition Protection Practice

    Within the Regulation and Competition Protection Practice, we offer comprehensive services to both public and private entities in the utilities sector relating to legislation and regulatory affairs consulting. We advise stakeholders operating in different industries (including the heat, energy fuels, and waste management sectors) on regulatory issues.

    We evaluate legal acts, taking active part in parliamentary committees and subcommittees of the Sejm (lower house) and Senat (upper house) of the Polish parliament and advise on new legislation. We participate in the work of public administration teams. We represent our Clients during public consultations.

    We prepare draft legislation guidelines, draft bills (laws and regulations), and justifications for the introduction of new regulations and proposals for internal rules (statutes, rules and regulations, resolutions, and decisions).

    We provide analyses and legal opinions regarding the legal conditions for the operation of public and private bodies, above all, in the public utility segment. We prepare plans and road maps for entities, which carry on regulated activities.

    We develop charters and articles of associations, rules and regulations, and other small legislation for public and private economic operators.

    We draw up and give opinions on contracts relating to the exercise of local government-regulated economic activities, including the waste treatment market.

    We provide training related to the entry into force of new rules governing activities in the energy and waste management sectors.

    We advise on Polish and EU competition laws in matters relating to antitrust practices, abuse of a dominant position in a concentrated industry, audit proceedings, proceedings before the President of the Office of Competition and Consumer Protection, as well as before the Court of Competition and Consumer Protection.

    We assist in the assessment of the compatibility of proposed measures with the competition law and we also assess whether planned transactions are subject to notification to the President of the Consumer rights watchdog UOKiK. We also identify practices that infringe collective consumer interests.

    We represent Clients in proceedings before the President of the Office of Competition and Consumer Protection regarding agreements restrictive of competition, abuse of a dominant position, and practices infringing collective consumer interests.

    We prepare concentration requests and represent Clients in anti-monopoly proceedings conducted by the President of the Competition and Consumer Protection Office UOKiK in matters concerning concentration.

    Our experience extends to:

    Participation in work on the implementation into the legal framework of a reduction in the costs of electricity for industrial users resulting from the RES support system, excise duty, and the European Emissions Trading Scheme (EU ETS), including:

    • Involvement in the work of the inter-ministerial working group for the reduction of burden for energy-intensive companies in the Ministry of Economy (preparation of draft legislation to 4 bills);
    • Preparation of draft provisions establishing the compensation scheme for sectors and subsectors deemed to be exposed to a significant risk of carbon leakage due to costs relating to greenhouse gas emissions passed on in electricity prices.

    Taking part in work on the amendment of the Energy Law Act (known as the large and small energy three-pack) commissioned by the Forum of End Users of Electricity and Gas and the Polish District Heating Chamber of Commerce.

    Assistance in work on the preparation of draft provisions of the Act on the Commercialisation of the “Polish Airports” State Enterprise, including involvement in the arrangements concerning the draft at the Ministry of Infrastructure and Development as well as the inter-ministerial arrangements.

    Collaboration in work on the Act on Waste commissioned by entities operating municipal mixed waste treatment facilities.

    Participation in work on the provisions governing the support schemes for electricity generation in new cogeneration plants commissioned by the Polish District Heating Chamber of Commerce.

    Involvement in work on the provisions governing the establishment and operation of offshore wind farms commissioned by PGE Energia Odnawialna S.A.

    Taking part in work on the Energy Efficiency Act commissioned by the Forum of End Users of Electricity and Gas.

    Participation in work on the implementation of separate regulations for the heating segment commissioned by the Polish District Heating Chamber of Commerce, including the development of comprehensive draft regulations for the heat market in Poland (District Heating Act) and drafting provisions for the Energy Law Act in the scope of new control mechanisms for determining the prices and tariffs for heat.

    Involvement in work on the draft Act on Important Sports Events commissioned by PL.2012 Sp. z o.o.

    We have advised and represented Clients in proceedings before the President of the Office of Competition and Consumer Protection and the Court of Competition and Consumer Protection in relation to anti-competitive practices, including for the National Notary Council, the National Chamber of Statutory Auditors, the Polish Chamber of Physicians and Dentists, POLKOMTEL S.A., and meat sector companies.

    We have also advised on planned share sale transactions of energy, fuel, and aviation sector companies.

    We have provided legal services in concentration processes commissioned by LOT CARGO S.A and LOT Services Sp. z o.o. (the merger of which gave rise to LS Airport Services S.A.), and PGE Polska Grupa Energetyczna S.A.

    We have also assisted in notification procedures, including in Case SA.37345 (2013/N) – Poland – Exemption of energy-intensive users from certain fees linked to the green certificate system.

    If you have any enquiries concerning our services, please do not hesitate to contact us:

    Magdalena Czuba-Wąsowska, PHD

    Attorney-at-law, Doctor of Law, Head of the Regulation and Competition Protection Practice
    magdalena.czuba@echw.pl
    tel.: +48 22 745 32 35

  • The Real Estate, Investment Process and Environmental Protection Practice
  • The Cultural Heritage Protection Practice
  • The Commercial Law Practice
  • The Company Law and Labour Law Practice
  • Financial Institution Practice
  • The Criminal/Penal Law Practice
  • Self-government Law
  • The Railway Transport Practice
  • The Air Transport Practice
  • Intellectual Property
  • The Public Procurement and Public-Private Partnership Practice

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