On 24 April 2014 changes to competition and consumer protection legislation have been passed by the Sejm.
The changes, which are not yet in force, are aimed at helping to eliminate anti-competitive practices and make merger control procedures more effective. They include:
• merger control: introducing a two-stage merger control procedure, in which simple cases would be resolved within one month after initiating proceedings (Phase I investigations) and cases that are more complex or raise doubts would be resolved within subsequent four months (Phase II investigations);
• anti-competitive practices: extending the limitation period to five years from the end of the year in which the anti-competitive practice is abandoned;
• financial penalties for individuals: enabling the President of UOKiK to impose financial penalties on individuals responsible for illegal conduct by companies;
• leniency plus programme: enabling parties to prohibited agreements to have their fine reduced if they inform the President of UOKiK about another, previously unknown, cartel;
• settlement procedure: enabling businesses who submit voluntarily to a penalty proposed by UOKiK to have their fine reduced by 10% if they do not appeal against the decision to the court;
• remedies: enabling UOKiK to include in its final decision what actions the business should take to remedy the effects of its illegal conduct;
• consumer protection: enabling UOKiK to issue public warnings about the most serious cases currently under investigation where collective interests are being infringed and consumers may be exposed to serious financial losses.
The legislation will now be debated by the Senate and then may be revised by the Sejm. Once it is finally enacted, it will then be signed by the President and published in the official Journal of Laws. Sixth months after publication (ie towards the end of 2014), it will finally come into force. We will provide a further update when this occurs.
