Entrepreneurs in the retail sector are met not only by increasing competition on the market but also with a stable increase in regulations influencing their functioning and with the ever growing involvement of consumer and competition protection authorities in actions aimed at enforcing these regulations. Therefor, we support our clients in the retail sector in key areas of their operations, such as:
- Distribution (selective and exclusive), franchises, agencies, cooperation agreements,
- Online activity, including regulations and privacy policies of entities in the E-commerce industry
- Terms and conditions of contests, promotions and raffles and marketing communication to consumers
- Labelling of products, product safety and food safety,
- Personal data
- Intellectual property
- Acts of unfair competition, including comparative advertising and misleading advertising,
- Mergers, take-overs and joint ventures,
- Proceedings before competition protection authorities
- Real estate
- Employment matters
The LSW lawyers act on behalf of producers, importers as well as active distributors, in the FMCG industry, home appliances, banking, luxury goods, tele-communication, media and the medical industry.
Unfair competition – comparative advertising
LSW lawyers reviewed comparative advertising for FMCG manufacturer and represented the manufacturer in disputes regarding unfair competition relating to misleading advertising and comparative advertising.
Selective distribution agreements for luxury goods
LSW lawyers reviewed selective distribution agreements for entrepreneurs in the luxury goods industry, which were then positively verified in proceedings conducted by the President of the OCCP.
Franchise agreement, resale shops and agencies in the FMCG sector
LSW lawyers reviewed franchise agreements for agencies and resale shops for entrepreneurs in the FMCG sector for compliance with antitrust laws, including the prohibition of resale price fixing and other terms and conditions.
Service provider in the field of market monitoring
LSW lawyers filed a notice to the OCCP regarding a suspicion of market participants using restrictive practices, which resulted in an investigation by the President of the OCCP.
Supplier operating on the FMCG products supply market
LSW lawyers advised regarding contractual clauses in distribution, including pricing policies and conditions of promotion used by the operator on the FMCG products supply market. LSW experts advised, inter alia, on the application of the exemptions provided for vertical agreements from the prohibition on restrictive agreements.
The LSW lawyers advised an operator on the market of beer production and sales.
Support for compliance and antitrust auditing
For entrepreneurs in the power and automation management market LSW lawyers prepared and implemented a compliance program and conducted an antitrust audit.
Support during inspections and searches
LSW lawyers supported an entrepreneur in polymer manufacturing and processing, in relation to an inspection carried out by the European Commission and the use of the leniency program.
Investigative proceedings and research in the FMCG sector
Our lawyers represented a FMCG manufacturer in investigations and in sector research conducted by the President of the OCCP on the pet food market.
Communication between suppliers and distributors in the FMCG and home appliance sectors
As part of on-going legal services for entrepreneurs in the FMCG and home appliance sectors, the LSW lawyers have supported clients in terms of ensuring legal safety of communication between suppliers and distributors, including communication regarding resale prices and margins, as well as preparing practical do’s and don’ts in this area.
Trainings in quick response to business threats
On behalf of a producer in the FMCG sector, LSW lawyers conducted trainings concerning quick reactions to business threats, and they also supported the Corporate Communication department in crisis situations.
Proceedings before the CCCP relating to enrolment of abusive clauses
Our lawyers have represented a number of clients in proceedings before the Court of Competition and Consumer Protection concerning the entry of abusive clauses provisions contained in templates for registration, effectively preventing the aforementioned entries. They represented: one of the leading banks in proceedings before the Court of Competition and Consumer Protection regarding the registration of a number of provisions of the regulations of issuance and use of credit cards in the register of abusive clauses; a large publisher in proceedings relating to the registration of provisions contained in the regulations of online stores cooperating with the entity; a FMCG manufacturer in proceedings relating to the registration of provisions contained in the regulations of a consumer promotion.
Online sales in the FMCG sector
Preparing rules and regulations for online shops, websites and mobile apps in the home appliance sector
As part of on-going services for a home appliance manufacturer, the LSW lawyers created rules and regulations for an online shop, as well as rules and regulations and privacy policies for websites. Additionally, they advised on the creation of terms and conditions for mobile apps installed on individual users’ devices.
Preparing terms and conditions of consumer promotions, contests and loyalty programs and consulting on advertising communication directed at consumers for a drugstore chain
The LSW lawyers supported a drugstore chain entering the Polish market in preparing terms and conditions of promotions and consumer contests as well as loyalty programs, and also in consulting on advertising communication directed at consumers.
Preparing terms and conditions of promotions and consumer contests for a home appliance manufacturer
As part of our on-going services, our lawyers advised a leading home appliance manufacturer regarding the preparation of terms and conditions of promotions and consumer contests, and also regarding advertising communication directed at consumers.
Marketing activities of a software producer
The lawyers of the law firm advised a leading software producer on matters regarding their online and offline marketing activity being in compliance with antitrust law and consumer law.
Reviewing documentation relating to credit cards for one of the banks
On behalf of one of the leading banks, LSW lawyers consulted on documentation regarding the issuance and use of credit cards in regards to compliance with consumer regulations and the Consumer Credit Act.
Reviewing documentation regarding the recovery and the amount of fees for one of the banks
Working for one of the banks, the LSW lawyers consulted on documentation relating to recovery procedures and the amount of fees charged in said procedures for compliance with consumer regulations.
Reviewing drafts of developer agreements for a leading developer
LSW lawyers reviewed drafts of development agreements for one of the leading developers, screening the drafts for compliance with consumer regulations and the law on consumer rights, and the so-called. Developer Act.
Proceedings regarding incorrect product labelling
Our lawyers represented a pet food producer in proceedings regarding the accusation of incorrect labelling of products and organizing a sales system that can mislead consumers in regards to the content of the pet food. In the end, the President established that there were no grounds for the accusations and discontinued the proceedings.
Advice on food safety for a FMCG producer
The LSW lawyers supported a leading producer in the FMCG sector in regards to broadly defined food laws, including labelling food products, as well as labelling pet food. Additionally, the lawyers represented the client in disputes with the National Trade Inspectorate regarding the labelling of food products, as well as in disputes with the Veterinary Inspectorate in regards to labelling pet food.