Global Competition Law is primarly a practitioner's guide presenting the most salient aspects of the major competition laws country by country, giving an overview of their structure and most charasteristic elements.
Global Competition Law also provides insight into possible future developments in the field.

Global Competition Law

The President of the Office may conduct exploratory investigations on an ex officio basis (Section 47). Exploratory investigations aim to make a preliminary assessment as to whether an infringement has occurred, including defining the structure and level of concentration on the market. Such proceedings are not carried out against a specific undertaking.
An exploratory investigation may be followed …

Complaints and investigations

The President of the Office may conduct exploratory investigations on an ex officio basis (Section 47). Exploratory investigations aim to make a preliminary assessment as to whether an infringement has occurred, including defining the structure and level of concentration on the market. Such proceedings are not carried out against a specific undertaking.

An exploratory investigation may be followed by an anti-monopoly investigation. Anti-monopoly investigations are always instituted on an ex officio basis. The purpose of these investigations is to collect information on the alleged infringement.

The inspector conducting an investigation pursuant to a resolution of the Court of Competition and Consumer Protection may enter premises and means of transportation, access files and documents, and request oral explanations. The police may perform these functions upon instruction from the office of the President.

Since 20 May 2023, UOKiK’s inspectors have the possibility to conduct searches on private premises directly with the consent of the court (before, such searches could only be performed by the police at UOKiK’s request) have been made. In addition, individuals can file a complaint against a court’s decision to authorize a search. 

The legal professional privilege (LPP) has also been modified. If, during an inspection, a business owner asserts that the documents disclosed to UOKiK include communication with an external attorney or were prepared to exercise the right to legal defense in UOKiK proceedings, inspectors must exclude these documents. However, inspectors are permitted to briefly examine such documents to ascertain the author, recipient, title, subject, or date of preparation. 

Since the 20 May 2023 Amendment, it is now mandatory for everyone to furnish UOKiK with the requested information or documents. Previously, only undertakings or their associations were under this obligation. Additionally, an open catalogue of entities that may receive requests from the Office has been introduced.

During the proceedings, a hearing may be held (Section 60). Hearings are usually open session, except if the hearing involves the disclosure of business secrets.

Expert testimony may be ordered where special information is required.

Only documents drafted in Polish, or certified translations of documents drafted in a foreign language, constitute evidence in proceedings.

If in the course of the proceedings the undertaking agrees to take or discontinue actions aiming at preventing its infringements, the President of the Office may render the commitments binding on it. Since the 2014 amendments, the President of the Office may unilaterally impose either structural or behavioral remedies.

The 2014 amendments also introduced a settlement procedure whereby undertakings which admit their participation in the practice and waive their right to appeal the decision may benefit from a 10% reduction of the incurred fine.

Since the 20 May 2023 Amendment, the statute of limitations is suspended for competition law violations for the duration of the proceedings.

Proceedings before the President of the Office

The Act contains no provisions allowing any of the parties to competition proceedings to claim for interim relief. However, such remedy may be granted by the ordinary courts pursuant to the general rules of the Polish Civil Procedure Code.

Interim relief

Victims of anticompetitive practices may claim damages before a district court under the provisions of the Act relating to claims for compensation of damage caused by infringements of competition law adopted on 21 April 2017 to transpose EU Directive No 2014/104 into national law. Section 3 of the Act provides that the offender must compensate the damage caused by the infringement of competition law. Section 7 alleviates the burden of proof on the victim by establishing that any breach of competition law - and not only cartels as provided by the Directive - causes harm. Section 4 also lays down a rebuttable presumption that the overcharge resulting from the infringement has been passed on to indirect purchasers. According to Section 5, SMEs and leniency recipients may only be held jointly and severally liable vis-à-vis their direct or indirect purchasers or suppliers if they satisfy certain conditions. Section 9 increases the limitation period from three to five years, running from the date of the cessation of the infringement. The limitations period may be suspended by investigations initiated by the Office for Competition and Consumer Protection, the European Commission or another Member State's competition authority. Pursuant to Section 14, consumer associations or associations for the protection of the market against anticompetitive practices may represent the victim or join proceedings launched by the victim. As regards the disclosure of evidence, Section 17 provides that a court may, at the written request of a claimant who has undertaken not to use the evidence obtained for other purposes than the compensation claim, order the defendant, a third party or the Office for Competition and Consumer Protection to disclose information relevant to the decision in their possession. Such applications may also be made by the defendant, under the same condition. However, Section 18 specifies that leniency statements and settlement submissions may not be disclosed. In addition, information prepared specifically for the purposes of proceedings conducted by the Office, information provided by the Office and communicated to the parties in the course of such proceedings and withdrawn settlement proposals may only be disclosed after the termination of the Office's proceedings. Finally, under Section 30, the final decision of the President of the Office of Competition and Consumer Protection or of a review court finding the existence of an infringement is deemed to be binding on the court in proceedings for damages caused by that infringement.

Global Competition Law

549. Complaints and investigations

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Les notions juridiques connexes

549. Complaints and investigations

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise