Bernadeta Kasztelan-Świetlik
Partner
Attorney-at-law
Expert in competition and consumer protection law, with a unique track record featuring private practice as well as the public sector. Worked at the Polish Office of Competition and Consumer Protection (UOKiK) for a total of 13 years, most recently (2014-2017) as Vice President charged with three departments – Concentration Control, Competition Protection, and Legal. Active in amateur theatre, avid reader and pianist, gardener.
Languages:
BIO
After a brief period as a junior judge, Bernadeta developed an interest in competition law, then a new discipline in early 1990s Poland. After her first stint at UOKiK, she spent one year leading the legal department of UPC and then joined GESSEL in 2001.
In 2014, after moving to the head office of UOKiK, she oversaw the authority’s activities in the realms of corporate concentrations, market collusions, and abuse of dominant market positions. Propagated compliance culture; initiated and oversaw preparation of two publications recognised by the World Bank and the International Competition Network (in, respectively, 2016 and 2017) in contests for the best educational / information project in the field of competition law: guidelines concerning funerary services and municipal water and sewage utilities.
In 2017, returned to GESSEL, becoming a partner and building up the firm’s competition and consumer law practice. Advises clients on cases concerning mergers, market agreements, abuse of dominant market position, abuse of contracting advantage, and payment backlogs.
Experience
Competition law
- Verifies the necessity of filing intended concentrations to the regulatory authorities in Poland and in other jurisdictions
- Drafts merger filings (descriptions of the relevant markets, estimation of market shares)
- Represents business enterprises before the antitrust authorities in merger control proceedings
- Assists with filling out official market study questionnaires
Consumer law
- Represents clients in all proceedings before UOKiK and any ensuing appeals before the courts
- Advises on preparation of notifications to UOKiK concerning violations of competition law and of applications for leniency
- Advises on due diligence and internal revisions
- Advises on implementation of compliance programmes
- Leads training sessions / webinars on competition law (e.g. distribution agreements and franchise agreements) and consumer law (regulations, standard contract terms)
- Advises on consumer protection in e-commerce (also as regards compliance with the OMNIBUS Directive)
News
& Insights
10.09.2024
We advised Grupa Kęty S.A.
We advised Grupa Kęty S.A. in the process of preparing, negotiating, and executing the transaction documentation related to the acquisition of shares in SELT sp. z o.o.,...
17.07.2024
Might Microsoft’s employment of start-up staff amount to a form of concentration?
Might Microsoft’s employment of start-up staff amount to a form of concentration ? Zatrudnienie przez Microsoft pracowników start-upów jest badane jako możliwa fuzja ...
12.07.2024
We advised Elemental Strategic Metals
We advised Elemental Strategic Metals, based in Grodzisk Mazowiecki, on closing of the transaction to form a joint venture with the American company Ascend Elements. ...
10.07.2024
Some go on vacation, and others go off fighting digital giants such as Microsoft and Apple
Concerning Microsoft - the Commission, alleges that the company abuses dominates the global market for SaaS by tying the Teams communications platform with the popular p...
Education and achievements
- Faculty of Law and Administration, Adam Mickiewicz University, Poznan
- Judge’s training articles with the Regional Court in Poznan; called to the bar as a judge, admitted practicing as an attorney
- Internships and study visits (including the Bundeskartellamt in Berlin, the Federal Trade Commission in Washington, D.C.
Awards
Academic publications
