In the context of mergers & acquisitions (M&A), Intellectual Property (IP) plays an extremely important role in assessing the value and risks associated with the target company.

One of the most important questions within every M&A deal is whether the transaction at hand is subject to merger clearance. The answer to said question might impact the timeline and (potentially) the successful completion of the deal itself. Up until Towercast cases (C-449/21), the analysis was straightforward by applying the clear turnover-based rules defining the applicability of the Regulation No 139/2004 (“Merger Regulation”).

For many years it has been clear for Polish entrepreneurs that there is no simple legal answer to their strong need to secure their family assets, and above all their family businesses, for future succession. Due to the lack of appropriate instruments in the Polish legal system, many national entrepreneurs were forced to use the legal institutions of other jurisdictions. This solution was highly uncomfortable because of the differences in legal regimes and foreign legal requirements that did not entirely meet the needs of domestic entrepreneurs.

NKO Partners has advised the Dr. Max pharmacy chain on its acquisition of the Pet-Sar Farm pharmacy chain in Serbia from Natasa Stanojkovic.

CK Legal Chabasiewicz Kowalska has advised Omni Running on its partnership with an external individual investor. The Rapala law firm advised the investor.

Stratulat Albulescu has advised Tobii on the acquisition of the AutoSense and Imaging businesses from Xperi.