Robert Gago

Hogan Lovells (Warsaw)
Local Partner, Head of Competition Practice

Robert Gago is Head of the Competition Law Practice at the Greenberg Traurig Warsaw Office. He advises clients in the field of competition and consumer protection law and economic regulation. His experience includes representation in the administrative anti-trust proceedings conducted by competition enforcement agencies. Robert advises on competition law aspects of M&A projects and represents in the merger proceedings before the Polish Competition Authority as well as in procedures before the European Commission. He also represents undertakings in court proceedings regarding appeals from the authorities’ decisions. Prior to joining Greenberg Traurig, he was head of the competition law practice at the Hogan Lovells Warsaw Office for 17 years.

Linked authors

Affre i Wspólnicy
Adwokatura Polska
PKN Orlen
Hogan Lovells (Warsaw)
Hogan Lovells (Warsaw)

Articles

76216 Bulletin

Robert Gago The Polish Lower Chamber of the Parliament agrees on final amendments brought to the national competition act which inter alia will introduce a tougher enforcement regime

57

New enforcement tools and new two-stage merger review – Poland approves far reaching amendments to competition law* On 10 June 2014 the President signed new act introducing changes to Poland’s competition law regime. The new regime, which will be implemented by amendments to the Polish Act on (...)

Ewa Tabor, Robert Gago The Polish Competition Authority finds that delay in introducing mobile television service is a result of anticompetitive agreement (Polkomtel, PTK Centertel, PTC, and P4)

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The OCCP decision On 23 November 2011, the President of the Office of Competition and Consumer Protection («the OCCP») fined four mobile telecom operators (Polkomtel, PTK Centertel, PTC, and P4) for the exchange of information on the assessment of a commercial offer prepared by Info-TV-FM (...)

Radoslaw Pawluk, Robert Gago The Polish President of the Office of Competition and Consumer Protection imposes commitments to remedy RPM in a vertical hard core restrictions case concerning gardening products distribution (Scotts and its distributors)

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On 26 April 2011, the President of the Office for Competition and Consumers Protection (the «OCCP» or the «Office») issued a decision in which it found that Scotts Poland sp. z o.o. (the «Scotts» or the «Company»), a subsidiary of Scotts Miracle-Gro Company, applied a resale price maintenance clause in (...)

Ewa Tabor, Robert Gago The Polish Competition Authority proves again that obstruction of an inspection does not pay off - record-breaking penalty - € 33 million for obstruction of the inspection (Polkomtel)

33

An inspection of Polkomtel S.A’s («Polkomtel» or the «Company») premises took place on 2 December 2009 as part of a number of simulataneous dawn raids carried out by the President of the Office of Competition and Consumer Protection (the «OCCP») as part of its investigation into mobile television (...)

Ewa Tabor, Robert Gago The Polish Competition Authority proves again that obstruction of an inspection does not pay off - record-breaking penalty - € 33 million for obstruction of the inspection (Polkomtel)

27

An inspection of Polkomtel S.A’s («Polkomtel» or the «Company») premises took place on 2 December 2009 as part of a number of simulataneous dawn raids carried out by the President of the Office of Competition and Consumer Protection (the «OCCP») as part of its investigation into mobile television (...)

Robert Gago The Polish Appeal Court in Warsaw upholds the decision of the Competition and Consumers Protection Court introducing economic analysis to the review of an exclusivity clause in distribution agreements (Lesaffre)

3075

Background - the OCCP decision On 29 December 2006, the President of the Office for Competition and Consumer Protection (”OCCP”) issued an administrative decision finding that the Polish subsidiary of Lesaffre (French food ingredients yeast and biotechnology company and worldwide leader in the (...)

Robert Gago The Polish President of the Office for Competition and Consumer Protection fines an operator and ten distributors for vertical price collusion with respect to trailer accessories (Knott)

1094

Decision On 15 December 2009, the President of the Office for Competition and Consumer Protection (the ”OCCP”) fined Knott Sp. z.o.o. (“Knott”) and its ten distributors for vertical price collusion with respect to trailer accessories (such as axles, overrun couplings, jockey wheels, brakes and (...)

Robert Gago The Polish Appeal Court annulls the judgment of the Court of Competition and Consumer Protection pointing out that joint buying groups require a more in-depth competition analysis even in cases of resale price maintenance (PSB, Gamrat)

1058

The Polish Appeal Court has quashed a Competition Court decision on procedural grounds pointing out that joint buying groups require a more in-depth competition analysis even in cases of resale price maintenance. On 10th November 2009, the Appeal Court issued a long awaited judgment concerning (...)

Piotr Borowiec, Robert Gago The Polish Supreme Court rules that ignorance of law burdens both contracting parties if they are concluding a contract which is contrary to law, in particular with EC State aid law (Fish-processing plant)

2029

Factual background: The claimant brought an action against the Agency for Restructuring and Modernization of Agriculture for payment in relation to the agreement on grant of financial aid for the claimant in respect of a project relating to periodic suspension of activities concerning (...)

Piotr Borowiec, Robert Gago The Polish Supreme Court confirms the NCA’s decision on illegality of an "English clause" on the market for football broadcasting rights (Canal + / Polski Związek Piłki Nożnej)

1406

On 7 January 2009, the Polish Supreme Court issued a long awaited judgement concerning an “English clause“ in an agreement between pay TV operator (Canal +) and a Polish football association, Polski Związek Piłki Nożnej ("the PFA"), which was assessed by the President of the Office of Competition (...)

Piotr Borowiec, Robert Gago A Polish Appeals Court rules on the issue of costs reimbursing in the case of undue SAPARD aid (Agency for Restructuring and Modernization of Agriculture / M. L.)

1564

Factual background: The plaintiff brought an action against M.L. to recover unduly received financial aid in relation to SAPARD Programme. According to the agreement between the Agency and the defendant, the Agency undertook to refund part of the costs incurred in order to complete the (...)

Piotr Borowiec, Robert Gago A Polish Court overturns the NCA’s decision on interchange fee holding that the participation of 20 banks in an agreement fixing the fee level does not constitute an infringement of Art. 81.1 EC nor equivalent national provision (Visa - Mastercard)

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On 12 November 2008, the Polish Court for Competition and Consumer Protection (“the Court”) overturned the decision of the President of the Office for Competition and Consumers’ Protection (the “OCCP” or the “Office”) concerning interchange fees. The court stated that the participation of 20 Polish (...)

Piotr Borowiec, Robert Gago The Polish Supreme Court issues a leading ruling defining the concept of abuse of a dominant position ("Water supply and sewage disposal services" case)

1318

On 16 October 2008, the Polish Supreme Court issued a decision clearly defining the concept of abuse of a dominant position by imposing unfair contractual conditions. The main legal points concerned the ability to act independently as an element of the definition of a dominant position. The (...)

Piotr Borowiec, Robert Gago The Polish NCA fines € 1.5 M petrochemical companies for coordination in halting production and distribution of a type of car gas ("U 95" - PKN Orlen - Grupa Lotos)

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On 31 December 2007, the Polish President of the Office for Competition and Consumer Protection (“the OCCP”) fined both PKN Orlen S.A (“Orlen”) and Grupa Lotos S.A. (“Lotos”), two leading Polish oil and petrochemical companies, for a concerted practice regarding the discontinuation of the manufacture (...)

Piotr Borowiec, Robert Gago The Polish competition authority fines €5 million an undertaking operating radio and TV terrestrial transmission stations for price discrimination in favour of commercial broadcasters against public broadcasters (TP Emitel)

3760

On 25 October 2007, the Polish President of the Office for Competition and Consumer Protection (“OCCP") fined TP Emitel, a subsidiary of the Telekomunikacja Polska (part of the France Telecom group) for price discrimination against public broadcasters. The amount of the fine reached almost 5 (...)

Piotr Borowiec, Robert Gago The Polish competition authority finds pharmaceuticals companies and their distributors not guilty of price fixing and market sharing on the EPO medicines market (Johnson & Johnson, Roche)

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On 14 June 2007, the Polish President of the Office for Competition and Consumer Protection (“OCCP") issued a decision concerning alleged price fixing and market sharing of medicines containing human recombined erythropoietin (EPO). The OCCP had decided that agreements between Johnson & (...)

Piotr Borowiec, Robert Gago The Polish Parliament passes new competition law

2859

On 16 February 2007, the Polish Parliament passed a new Act on Competition and Consumer Protection, which introduces some changes to current Polish competition law. The new Act introduces the following principal changes: a) the jurisdictional turnover thresholds for notifying concentrations (...)

Robert Gago The Polish Competition Court confirms the NCA’s decision finding that an "English clause" in an agreement between a pay-TV operator and a football association restricted competition (Polish Football Association/Canal+)

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The Polish Competition Court confirms the NCA’s decision finding that an "English clause" in an agreement between a pay-TV operator and a football association restricted competition, but halves a 440 000 PLN (110 000 EUR ) fine on the football association by upholding a 7.37 million PLN (1.84 (...)

Aleksandra Czekaj-Dancewicz, Robert Gago The Polish Competition Authority fines the pay-TV operator and a football association for exclusive broadcasting rights (Canal+/Polish Football Association)

7172

The President of the Office for Competition and Consumer Protection (the “OCCP”) imposed by decision dated 29 May 2006 (No. DOK2-410/2/05/SCH) fines of almost PLN 8 million (EUR 2 million) on the Polish Football Association (PZPN) and Canal+ (pay TV operator). The OCCP assessed that the (...)

Marta Miszczuk, Robert Gago The Polish Competition Authority imposes a maximum fine on the incumbent Polish telecom operator for non-implementation of its decision (Telekomunikacja Polska)

4777

President of the Office of Competition and Consumer Protection (the “OCCP”) imposed by way of decision on March 28, 2006 (n° DDI2-423-2/925/00/BC) a fine on Telekomunikacja Polska S.A. (“TP S.A.”, the “Company”) of PLN 5,7 million (nearly € 1,5 million), which is equivalent to € 10,000 per each day of (...)

Robert Gago A Polish Court overturns the NCA decision against a pharmaceutical company and its distributor for customer allocation due to lack of anticompetitive effects on the market (Johnson & Johnson - Hurtofarm)

8897

Background The Polish Competition and Consumers’ Protection Court (“Sad Ochrony Konkurencji i Konsumentów”) on September 5, 2005 issued a decision on the appeal lodged by Johnson & Johnson Poland and Hurtofarm against the decision of the President of the Office of Competition and Consumer (...)

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