UOKiK proposes significant changes to competition regime

Poland’s competition regulator, the UOKiK, is seeking public comment on proposed amendments to the competition and consumer protection law. The essential changes concern improving the merger control system, detection, and the leniency program.

The UOKiK proposes a two-phase procedure for merger proceedings: a 30-day period for “transactions raising no doubts,” and four months for more complex cases. Moreover, the UOKiK is to inform parties of their concerns during proceedings for complex cases, to give them a chance to be a heard before a decision is to be reached. In addition, the deadline for divestitures required for the UOKiK’s conditional consent will no longer be disclosed, as such public information was found to significantly lower the negotiating position of the divesting party.

A significant proposal is to add individual liability for antitrust violations. The leniency program is also to be expanded to reduce individual fines in exchange for cooperating with the UOKiK in investigations.

The draft amendments are available on the UOKiK website (Polish only). Comments are to be sent by June 5.

Full content: UOKiK Press Release

Related content: Introduction of Leniency Programs for Cartel Participants: The Russian Case (Andrey Shastitko, Bureau of Economic Analysis Foundation, Moscow Lomonossov State University & Svetlana Avdasheva, University-Higher School of Economics in Moscow)

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