Reform of the Polish competition law: Evolution or revolution?

Poland faces deep changes in competition law due to the fact of entry into force on January, 18th, 2015 of the legislative change to the Act of February 16th, 2007, on Competition and Consumers Protection. The amendment includes, among others, introduction of two-phase merger control procedure, introduction of fines for individuals up to 500,000 EURO, changes in leniency programs or settlements. The amendment was inspired and incited by the Polish Competition Authority which is reflected in the spirit of changes. The present article presents and analyzes those changes, showing their aim and context.

I. Introduction 1. This article discusses and analyses the recent amendment of the Polish Act (hereinafter: the “Present Act”) on competition and consumers protection [1] (hereinafter: the “Amendment”) that was adopted by the Polish Parliament on June 14, 2014, and enters into force on January 18, 2015. [2] The Amendment has been mulled during two-year legislation process that was triggered [3] by the President of the Authority of the Office for Competition and Consumers Protection (hereinafter: “UOKIK” or the “Authority”). [4] The Amendment is quite a complex document as it changes the Present Act in many areas. The major alterations are: merger control prerequisites and procedure, introduction of liability of individuals and pecuniary fines, introduction of additional remedies, and changes

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Małgorzata Kozak, Reform of the Polish competition law: Evolution or revolution?, December 2014, Concurrences N° 4-2014, Art. N° 69135, www.concurrences.com

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