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Lech Najbauer

Counsel
+48.22.653.4216
Fax +48.22.653.4250
Lech Najbauer is a Counsel in K&L Gates' Warsaw office. His experience focuses on antimonopoly law and includes many of its aspect in Poland and abroad. Most of his antimonopoly advice focused on mergers and acquisitions, but he has also provided thorough analysis of issues relating to development of different businesses, joint venture projects, sale agreements, supply and distribution structures and others. He is also experienced in explanatory and anti-monopoly proceedings conducted by competition authorities, as well as competition court proceedings. Some of his projects required relevant interpretation of antimonopoly law, including interactions between Polish and European regulations, whereas the others entailed working out schemes and legal formats for transactions and business organizations to diminish the antimonopoly law consequences and to ensure the compliance with the existing antitrust regulations.

Lech Najbauer is also active in other fields of legal practice, such as corporate law and administrative law. He advises clients with respect to development of their business in Poland, creating joint-ventures and subsidiaries, organizing businesses and obtaining financing. His is experienced in mergers and demergers, as well as in various aspects of share sale and purchase transactions.

Achievements

  • Legal 500, Europe, Middle East and Africa, Competition/Antitrust, Poland: 2016-2014 (Tier 3)
  • Legal 500, Europe, Middle East and Africa, Corporate and Commercial - Poland, 2005

Speaking Engagements

  • In 2004, Lech Najbauer co-hosted few conferences focused on, among others, anti-competition practices and antimonopoly control, e.g. a conference for one of the biggest construction and development firm in Poland and for an international cement producer.
  • In 2009-2014 he had a series of training sessions for clients active in various fields of business which were focused on competition protection issues (e.g. merger clearance process, anticompetitive agreements, abuse of dominancy, dawn raids) as well as other matters (e.g. bribery). He is also working on competition compliance schemes at the Polish operations of international corporations.

Additional Information

Publications
In addition to legal advise provided to Polish and international clients, Lech Najbauer contributed to certain publications discussing various issues of Polish law. In that number, there was a series of materials issued on business websites, as well as few other articles published in “business and law” papers (e.g. “Prawo i Gospodarka” and “American Investor”, a Polish AmCham monthly). There were also articles published in “Russia/Central Europe Executive Guide”, “Gazeta Finansowa” and “Rzeczpospolita”. Most of publications focused on various aspects of antimonopoly law. Particularly, they discussed the merger clearance procedure, criteria for filing, calculation of turnover (as a key issue in determining whether the filing is required) and new antimonopoly laws.
Lech Najbauer’s antimonopoly practice is split into two main areas:

(a) regulatory advise including approaching the antimonopoly authorities with merger clearance submissions and monitoring process of granting consents to concentrations, both in local and international projects; and
(b) analysis of legal aspect of certain undertakings, business projects, companies’ structures and operational plans that are being discussed or developed by the clients, analysis of transactional issues related to competition law, as well as advice and representation of clients in explanatory and anti-monopoly proceedings.

The most significant matters in which he has advised with respect to antimonopoly issues include:

Ad (a):
  • several filings of antimonopoly notifications and obtaining the clearance of acquisitions of certain parts of business of Polish metal industry companies and a Swedish corporation (metal industry);
  • advising, filing of antimonopoly notification and obtaining a clearance of international acquisition of the mining construction enterprises by international investment group (construction industry);
  • analysis, research, filing of antimonopoly notification and obtaining clearance of a transaction regarding creation of a joint-venture between two international core and coreboard producers before a Polish antimonopoly office and before the European Commission (paper industry);
  • filing antimonopoly notification and obtaining clearance for taking control over a Polish operator of toll roads by an expert firm in motorway industry from Italy (motorways);
  • filing antimonopoly notification and obtaining clearance for taking control over a Polish aircraft producer by an international holding (aerospace industry);
  • filing antimonopoly notification and obtaining clearance for taking control over a Polish financial advisory company by an international private equity fund (banking advisory services);
  • filing antimonopoly notification and obtaining clearance for taking control over a Polish public company delivering IT equipment by another Polish public IT company (computer industry);
  • filing antimonopoly notification and obtaining clearance for taking control over a group of European companies active in food industry by a US based group (food industry)
  • filing antimonopoly notifications and obtaining clearances for taking control by the biggest Polish energy firm, acting in cooperation with its business partner, over two sets of wind farms from different sellers (energy industry); and
  • filing antimonopoly notification and obtaining clearance for taking direct and indirect control by a French facility management group over a part of competitive business conducted by another international group in Poland (facility management services).

Ad (b):

  • analysis for one of the biggest Polish railway transport company regarding antimonopoly consequences of certain contract provisions on services rendered by it to certain Polish refineries; basic analysis of potential antimonopoly issues for number of international clients active in food industry and others;
  • representing of one of the elevator’s producer before the Polish antitrust authorities conducing an investigation of the elevators and escalators market in Poland;
  • advising the second biggest European roof window producer in relation to its dispute with its market-dominant competitor on the grounds of then applicable Article 81 and Article 82 of the European Community Treaty;
  • organizing competition compliance audit in the Polish subsidiaries of international mining related industry holding (mining industry);
  • advising the leading firm in the Polish market of gas in cylinders and bulk gas supplies in relation to potential merger and related clearance proceedings;
  • advising one of the biggest Polish drinking water distributor regarding its planned acquisition and merger clearance related issues;
  • representing a smart phones producer in the market investigation proceedings conducted by the Polish competition authorities (telecom industry);
  • advising an international group of companies active in chemical industry in relation to potential leniency filing
  • representing, together with another local law office, a client in explanatory and anti-monopoly proceedings, as well as during the court proceedings, in relation to alleged competition law infringements; and
  • advising a Polish logistics and transportation firm in its acquisition of a railway business in Poland involving non-competition and exclusivity issues.

Other Experience

  • advising to a Polish national lottery in corporate matters;
  • advising to a big development company in relation to banking law issues;
  • representing of a food producer in a transaction with a bank;
  • representing shareholders of a brokerage house in a share sale deal;
  • representing an international pharmaceutical corporation in a business acquisition project;
  • advising to sellers of shares in various businesses, such as healthcare, telecom, IT supplies;
  • advising to a cooling equipment supplier in relation to various commercial, corporate and competition issues;
  • advising to a big international packaging firm in relation to its internal regulations compliance issues;
  • advising to a commercial center operator in various aspects of corporate law;
  • advising to the biggest Polish energy firm in its acquisitions of two groups of wind farms;
  • advising to a multi-screen cinema operator in its dealing with a real property owner; and
  • advising to an international hotel and resort group in its investment financing and refinancing transaction.