Poland updates

Competition & Antitrust

Contributed by Schoenherr Attorneys at Law
Recent competition developments in merger control field
  • Poland
  • June 21 2018

Merger control is one of the Polish Office for Competition and Consumer Protection's main areas of activity, as it deals with 170 to 220 filings annually. Recent notable developments in this regard include proceedings initiated against Gazprom and its five partners involved in the financing and construction of the Nord Stream 2 gas pipeline and the unconditional approval of Cyfrowy Polsat's takeover of Netia.

Competition authority's first decision on unfair use of contractual advantage in food sector
  • Poland
  • April 05 2018

Almost eight months after the Act on Counteracting the Unfair Use of Contractual Advantage in Trade of Agricultural and Food Products came into effect, the Office of Competition and Consumer Protection (OCCP) issued a decision regarding Cykoria SA's abusive practices. The case was closed with a commitment decision, which is unlikely to be appealed. Therefore, the courts will not provide their assessment of the OCCP's interpretation of some of the vaguer terms used in the act.

Supreme Court provides guidance for calculating fines in resale price maintenance cases
  • Poland
  • January 25 2018

In a recent antitrust judgment, the Supreme Court provided an additional explanation of its approach to calculating fines in cases of collusion concerning resale prices (ie, resale price maintenance). Further, for the first time in its judicial practice, the Supreme Court provided general remarks concerning the privilege against self-incrimination that alleged infringers may claim.

Competition authority adopts new approach to gathering electronic evidence during dawn raids
  • Poland
  • October 12 2017

The Warsaw Court of Competition and Consumer Protection recently delivered a significant judgment regarding the collection of electronic evidence during unannounced inspections conducted by the Office for Competition and Consumer Protection. As a result, documents stored on hard drives and emails of managers and employees must now be reviewed by officials on the inspected company's premises.

Parliament adopts Act on Private Enforcement of Competition Law
  • Poland
  • June 15 2017

Parliament recently adopted the Act on Private Enforcement of Competition Law, which transposes the EU Antitrust Damages Directive into Polish law. The act aims to enhance the enforcement of the payment of compensation by companies that have infringed competition rules. The introduction of legal presumptions shifting the burden of proof onto the infringer and specific rules on the disclosure of evidence are steps in this direction.


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