Photo of Marcin Trepka

Marcin Trepka

Partner
Baker McKenzie Krzyżowski i Wspólnicy Spółka Komandytowa

Biography

Marcin Trepka is a partner in Warsaw office's Antitrust & Competition practice. He specializes in Polish and EU competition law as well as consumer law. He regularly represents clients before the competition authorities, Polish and EU courts of law and the Polish Supreme Court.

In addition, Marcin is active in the development of international competition law policy. He serves as the Co-Chairman of the Cartels&Leniency Task Force of the ICC Commission on Competition in Paris. He also serves as the Non-Governmental Advisor to the International Competition Network.

Marcin is consistently recommended as a leading competition lawyer in the Legal500, Chambers Europe and Who's Who Legal: Competition - Future Leaders legal directories.

Practice Focus

Marcin assists Clients with respect to the entire spectrum of competition law. He represented clients in some of the most challenging and well-known antitrust matters involving cartels (cement, chemical products to mining industry, and heat power cartel cases), antitrust litigation (lead defense counsel in one of the first private enforcement cases in Poland), or abuse of dominant market position (regarding the abuse of a dominant position on the gas markets in CEE). Marcin has also an extensive expertise in delivering complex antitrust compliance solutions, advising Clients on vertical and horizontal agreements (including distribution issues, on-line sales, cooperation between competitors, pricing and bonus policies), merger control (multijurisdictional mergers and JV), and consumer law issues (regulatory and consumer litigation). Marcin advises a wide range of Clients, including chemical, energy, insurance, media, finance and life science groups.

Representative Legal Matters

  • Defending a leading chemical producer in one of the first private enforcement litigations in Poland.
  • Advising a leading gas company in a precedent cartel investigation before the Polish Competition Authority in which the Competition Office charged managers, and used a parental liability concept for the first time.
  • Advising a leading chemical producer in a precedent bid rigging/cartel investigation and the following court litigation against the Polish Competition Authority decision in which the Authority used an economic evidence for the first time.
  • Advising Polish Gas and Oil Company (PGNIG S.A.) in proceedings before the Court of Justice of the European Union on a complaint against a decision of the European Commission issued in anti-trust proceedings concerning the abuse of a dominant position on the energy markets in Central and Eastern Europe by Gazprom. 
  • Advising a leading media group on joint selling sport rights issues regarding extension of the license agreement on football media rights and its compliance with the competition law.
  • Advised a leading manufacturer of the packagings in merger clearance proceeding before the Polish Competition Office regarding USD 187 million acquisition of leading manufacturers of thermoformed packaging.
  • Advised a leading investment fund in multi-jurisdictional antitrust proceedings in Poland, Germany, Norway and Austria successfully obtaining consents to take over a leading producer and distributor of rehabilitation equipment.
  • Advised a leading EU printing machines manufacturers on multijurisdictional antimonopoly proceedings before the Polish Competition Office and Bundeskartellamt on obtaining consent to establish a joint undertaking (JV) active on digital printing market.
  • Representing a leading debt collection company in Poland in an appeal proceedings before the Court of Competition and Consumer Protection against a decision alleging infringement of collective consumer interests and imposing a significant financial fine.
  • Advised a leading insurance group in preparation and implementation of complex consumer law compliance programme including creation of the financial products (i.e. life insurance with insurance capital fund), the organization and planning of the sale of products for consumers, as well as advertising and promotion of those products.

Professional Associations and Memberships

  • Warsaw Bar Association - Member
  • ICC Commission on Competition in Paris - Co-Chairman of the global Cartels&Leniency Task Force
  • ICC Commission on Competition in Poland - Vice-president

Admissions

  • Poland (2013)

Education

  • Polish Academy of Science (Post Graduate Diploma in Competition Law) (2012)
  • Lazarski University in Warsaw (Master of Arts) (2009)

Languages

  • English
  • Polish

Selected publications

Selected speaking engagements/events

  • "Digital competition - should businesses from the digital sector be concerned about competition law?" speaker at the Black Swan Prestige Club Meeting, March 3, 2020
  • "Competition law in the bicycle market, how to comply with the regulations and effectively defend your rights" speaker at the workshop for the Polish Bicycle Association, August 21, 2019