Piotr Borowiec

PKN Orlen (Warsaw)
Legal Counsel

Mr. Borowiec is legal counsel specialising in antitrust for PKN Orlen in Warsaw. Prior to being an in-house lawyer, Piotr Borowiec was an attorney at Sołtysiński Kawecki & Szlęzak and Hogen Lovells. He also worked at the Office of Competition and Consumer Protection as a case handler. He graduated from Maria Curie Sklodowska University in Lublin, Piotr also accomplished postgraduate studies on competion law at Jagiellonian University in Krakow (2005). He was admitted to the Warsaw bar and is a member of the Polish Competition Law Association.

Linked author

Greenberg Traurig Grzesiak (Warsaw)

Articles

33605 Bulletin

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)

2082

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)

1479

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 The Krakowie Court of Appeal rules on the issue of costs reimbursing in the case of undue aid (Agency for Restructuring and Modernization of Agriculture / M. L.)

1657

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)

2118

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)

1344

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)

2734

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)

3794

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)

6639

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

2889

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 (...)

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