How is the control of the antimonopoly authority carried out?

Service Business

Do the agreements you conclude with other entities comply with the law on the proper functioning of competition? The correctness of concluding contracts between entrepreneurs is checked by the Office of Competition and Consumer Protection (UOKIK), i.e. the Polish anti-monopoly authority, which authorizes one of its branch offices to carry out an inspection. See how the anti-monopoly authority UOKIK proceeds.

Agreements prohibited in Poland

Pursuant to Art. 6 of the Act on competition and consumer protection, prohibited agreements are those aimed at eliminating, limiting or infringing competition:

  • 'Fixing, directly or indirectly, prices and other terms for the purchase or sale of goods;
  • limiting or controlling production or sales, and technical progress or investments;
  • the sharing of sales or purchase markets;
  • the use of onerous or non-uniform contract terms in similar contracts with third parties, creating different conditions of competition for these parties;
  • making the conclusion of the contract conditional on the acceptance or performance by the other party of another service that has no material or customary connection with the subject of the contract;
  • limiting access to the market or eliminating from the market entrepreneurs not covered by the agreement;
  • agreeing by entrepreneurs joining the tender or by these entrepreneurs and the entrepreneur who is the organizer of the tender on the terms of the bids submitted, in particular the scope of work or the price ”.

If it is shown during the inspection that the entrepreneur has entered into a prohibited agreement with another entrepreneur, an order to discontinue the prohibited practice and remove its effects is issued by:

  • granting intellectual property rights and licenses on legal terms,
  • provision of specific infrastructure on non-discriminatory terms,
  • change of the contract,
  • ensuring the delivery or the provision of services on legal terms.

Before the above-mentioned measures are applied, the entrepreneur is notified in writing. From the moment of receiving this information, he has 14 days to present his position on the planned activities.

Control of the antimonopoly authority - the scheme of the procedure

The control of the antimonopoly authority is as follows:

  1. The President of the Office issues authorizations to carry out the inspection.
  2. The inspected person receives the authorization from the inspector to carry out the inspection. The inspecting person must show a service card and instruct about the rights that the inspected person is entitled to.
  3. The controller carries out control activities aimed at obtaining information that may constitute evidence in the case. As part of the activities, the inspector has the right to enter buildings, premises and all other controlled rooms. It may also request access to files, books and other documents related to the subject of the inspection.
  4. The inspector draws up a protocol of the conducted inspection, which must present its course.
  5. He hands the controlled inspection report to be signed. The controlled entity has the right to raise objections to the received report. He has 7 days from receiving the document to be signed or refusal to sign it.

The duty of the controlled person includes:

  • providing information requested by the controller,
  • enabling entry to all premises, buildings and rooms,
  • providing the documents requested by the controller.

What else do you need to know about the control?

If the control of the antimonopoly authority is carried out on the basis of the Act on competition and consumer protection, the following shall not apply:

  • obligation to notify about the intention to conduct an inspection,
  • the obligation to carry out the inspection in the presence of the inspected party or a person authorized by him,
  • restrictions on conducting more than one control of the entrepreneur's activity at the same time,
  • limits on the duration of the control.

The entrepreneur has the right to object to the commencement and execution of control in the event of a breach of the provisions of the Act on the freedom of economic activity.