Latest updates

UOKiK to examine TV broadcasters' practices
Schoenherr
  • Competition & Antitrust
  • Poland
  • 27 May 2021

The Office of Competition and Consumer Protection (UOKiK) recently announced the launch of two anti-monopoly proceedings against Polsat Television and four Discovery Group entities. According to the UOKiK, these companies may have abused their dominant position on the TV channel distribution market to the detriment of cable TV operators and ultimately consumers by way of bundled sales of TV channels.

Changes to rules for charging e-vehicles
Kubas Kos Gałkowski
  • Energy & Natural Resources
  • Poland
  • 17 May 2021

The Ministry of Climate and Environment has published a draft amendment to the Act of 11 January 2018 on Electromobility and Alternative Fuels and certain other acts which proposes new regulations on the charging of e-cars. The changes primarily serve to identify the elements to be considered when testing electrical installations in multi-family buildings, as well as the manner of settlements for energy used between an energy company and an entity owning two charging points.

UOKiK fines gas distributors for gun jumping and information delay
Schoenherr
  • Competition & Antitrust
  • Poland
  • 06 May 2021

In 2020 the Office of Competition and Consumer Protection (UOKiK) fined a liquefied petroleum gas distributor Zl730,000 (€160,000) for failing to notify a takeover. At the same time, the UOKiK imposed a Zl120,000 (€26,800) penalty on an industrial gas supplier for lack of cooperation following an information request in the context of merger market research.

UOKiK closes marketing association probe with commitments
Schoenherr
  • Competition & Antitrust
  • Poland
  • 29 April 2021

In 2020 the Office of Competition and Consumer Protection (UOKiK) closed an inquiry into a marketing association with commitments. The association obliged branding agencies to resign from tenders in which no remuneration was due for a creative process (eg, the presentation of a poster or packaging design) – the so-called 'rejection fee'. The UOKiK stated that this deprived members of their independence in making decisions and limited their freedom.

Gazprom appeals fine for failing to provide information in pipeline probe
Schoenherr
  • Competition & Antitrust
  • Poland
  • 22 April 2021

After the Office of Competition and Consumer Protection (UOKiK) fined Gazprom Zl213 million (€48 million) for withholding information in a probe concerning a joint venture to build and operate the Nord Stream 2 gas pipeline, the Russian gas company announced that it had appealed the fine. Several companies tried to get approval from the UOKiK to set up a joint venture to build and operate Nord Stream 2, but the agency expressed concerns that the concentration could restrict competition.

Gazprom appeals record €6.5 billion billing fine
Schoenherr
  • Competition & Antitrust
  • Poland
  • 15 April 2021

In 2020 the Office of Competition and Consumer Protection (UOKiK) fined Gazprom and five other firms engaged in the construction of the Nord Stream 2 gas pipeline a record €6.5 billion for concluding agreements without the authority's consent. The UOKiK held that the completion of the project would be a breach of competition rules, resulting in an increased dependence of gas recipients on Gazprom in the internal market. Gazprom has appealed the fine.

UOKiK fines six manufacturers of railway sleepers for bid rigging
Schoenherr
  • Competition & Antitrust
  • Poland
  • 08 April 2021

In 2020 the Office of Competition and Consumer Protection (UOKiK) announced that it had fined six manufacturers of wooden railway sleepers more than €3 million for bid rigging. The UOKiK discovered that all of the firms had taken part in a tender organised by the Polish railway infrastructure manager for the supply of railway sleepers. However, the agreement had not been implemented as the railway infrastructure manager cancelled the tender when it suspected bid rigging.

UOKiK opens two forestry bid-rigging investigations
Schoenherr
  • Competition & Antitrust
  • Poland
  • 01 April 2021

The Office of Competition and Consumer Protection (UOKiK) recently announced that it has opened two bid-rigging investigations concerning public tenders for forestry services. According to the UOKiK, the businesses whose bids were selected may have deliberately failed to provide necessary information so that their bids were discarded, forcing the forest district authorities in Western Pomerania to select the next best, more expensive bid.

Appeals courts confirm procedural public policy violations
Kubas Kos Gałkowski
  • Arbitration & ADR
  • Poland
  • 01 April 2021

The Polish courts rarely confirm violations of procedural law. In two recent cases, the appellate courts found that procedural errors in arbitration were grave enough to justify setting aside the awards in question. These cases are interesting, especially from the perspective of arbitrators. Arbitrators must be careful in verifying whether they have ruled on a case exactly as it was brought before them. The consequences of a mistake in this respect can be serious.

Carsharing – shared-use vehicle system in legislative process
Kubas Kos Gałkowski
  • Shipping & Transport
  • Poland
  • 31 March 2021

The Ministry of Transport, Construction and Maritime Economy recently prepared a proposal for a legal definition of 'carsharing'. In addition, carsharing will be added to the legal definitions covered by Article 2 of the Act on Electromobility and Alternative Fuels under the term 'sharing service'. This development will significantly contribute to the development of carsharing and thus have a positive impact on not only the environment, but also the organisation of urban traffic.

UOKiK opens antitrust investigation into e-commerce company Allegro
Schoenherr
  • Competition & Antitrust
  • Poland
  • 18 March 2021

The Office of Competition and Consumer Protection (UOKiK) recently opened a probe into e-commerce platform Allegro over potential antitrust rule breaches after it received complaints regarding Allegro's rules of cooperation with sellers. The UOKiK is trying to determine whether Allegro is gaining unjustified advantages at the expense of professional and incidental sellers.

Recent legislative changes: everything HR departments need to know
Sołtysiński Kawecki & Szlęzak
  • Employment & Immigration
  • Poland
  • 03 March 2021

Ongoing monitoring of the latest legislative changes is an essential part of HR departments' work. To help employers, this article highlights the most significant legislative changes so far in 2021, including with regard to blood donors being awarded an additional day off work, the extension of the additional carers' allowance and the National Labour Inspectorate's inspection plan for 2021.

What's new in employment law in 2021?
Sołtysiński Kawecki & Szlęzak
  • Employment & Immigration
  • Poland
  • 24 February 2021

This article presents a brief summary of the key changes that employers and employees will have to face in 2021, including with regard to the increase in the minimum wage, the obligation to notify contracts for specific work, remote working, COVID-19 vaccination and audits relating to use of anti-crisis shield instruments.

Clean transport zones: amending Act on Electromobility and Alternative Fuels
Kubas Kos Gałkowski
  • Energy & Natural Resources
  • Poland
  • 22 February 2021

In order to prevent the negative impact of transport pollutant emissions on human health and the environment, the legislature passed the Act of 11 January 2018 on Electromobility and Alternative Fuels, which introduced the possibility for community councils to create clean transport zones. In such zones, vehicle traffic restrictions were introduced, from which certain vehicles were exempt. However, in response to public expectations, the ministry has proposed draft amendments to the act.

Overview of changes in employment law in 2020
Sołtysiński Kawecki & Szlęzak
  • Employment & Immigration
  • Poland
  • 17 February 2021

Without a doubt, the COVID-19 pandemic dominated 2020, affected the business world and forced employers to adapt to new conditions. The legislative work of 2020 focused mainly on counteracting the COVID-19 pandemic's impact by supporting employers and preserving jobs. This article presents a brief summary of the key changes that employers and employees had to face in the difficult year of 2020.

Capacity fee enters into force
Kubas Kos Gałkowski
  • Energy & Natural Resources
  • Poland
  • 01 February 2021

The President of the Energy Regulatory Office recently announced the capacity fee rates for 2021. As of 1 January 2021, this fee will be added to electricity end-users' bills for the first time. This article provides an overview of the capacity fee, the rates thereof and the purpose of its introduction, as well as the key principals of the capacity market.

Erroneous charging inconsistent with tariff conditions justifies administrative fine
Kubas Kos Gałkowski
  • Energy & Natural Resources
  • Poland
  • 25 January 2021

The Supreme Court recently applied Article 56(1)(6) of the Energy Law to clarify when the Polish regulator can impose an administrative fine on an energy company. The Supreme Court dealt with a situation where the tariff applied was contrary to the conditions specified therein. This verdict will have an important impact on similar administrative proceedings against trading companies.

Lack of funds does not enable parties to escape arbitration
Kubas Kos Gałkowski
  • Arbitration & ADR
  • Poland
  • 21 January 2021

Arbitration does not provide for legal aid or an exemption from paying costs. Some regard this as a disadvantage of alternative dispute resolution. One party's lack of funds to pay for its share of arbitration costs can indeed deprive it of its day in arbitration court. This issue recently came before the Warsaw Court of Appeals, which decided that a party's lack of funds to launch arbitration does not render the arbitration agreement defective.

How is remote work regulated in Poland?
Sołtysiński Kawecki & Szlęzak
  • Employment & Immigration
  • Poland
  • 02 December 2020

During the COVID-19 pandemic many companies have decided to let their employees work from home. However, the issue of remote work is often problematic for Polish employers as it is not regulated in the Labour Code, which regulates only telework. The current regulations have not kept up with the changing circumstances and therefore pose difficulties regarding interpretation for employers. Employers should be careful and monitor both the situation and opinions presented by officials.

Legislative works undertaken to achieve electricity market reforms
Kubas Kos Gałkowski
  • Energy & Natural Resources
  • Poland
  • 02 November 2020

Pursuant to Article 20(3) et seq of EU Regulation 2019/943, some EU countries – including Poland – had to prepare a specific roadmap for the implementation of the new electricity market's principles, which could be adapted to accommodate the social and economic realities of the given country. This article summarises the actions taken by Poland to adapt its national legal environment to the requirements of the Clean Energy for all Europeans package.