Penalties

Penalties for entrepreneurs

In the event of unfair use of contractual advantage, the President of the Office of Competition and Consumer Protection (UOKiK) may impose a financial penalty on the supplier or purchaser of up to 3% of the turnover achieved in the financial year preceding the year in which the penalty was imposed. In addition, he may impose, among other things, a financial penalty equivalent to up to EUR 10,000 for each day of delay in implementing a decision finding unfair use of contractual advantage.

In addition, the Act provides for severe financial penalties for failure to cooperate properly during the proceedings (failure to provide information, obstruction of inspections) – up to EUR 50 million.

It should be emphasised that these are maximum amounts of penalties, which in practice are adjusted to the gravity of the infringement and the accompanying circumstances.

Penalties for managers

The President of UOKiK may also impose a financial penalty of up to fifty times the average monthly salary in the enterprise sector on a person holding a managerial position or being a member of the management body of the purchaser or recipient, e.g. for obstructing inspections.