• 10% of annual turnover for a company and PLN 2 million for managers. These are the maximum fines for participating in an anti-competitive agreement.
• They can be avoided thanks to the leniency scheme.
• The President of UOKiK has issued new clarifications regarding participation in this scheme.

The President of UOKiK has issued new clarifications concerning the leniency scheme. This is the second document of this type created by the Office; the previous one was issued in 2017. The new clarifications take into account changes in the provisions of the EU ECN+ Directive and the resulting amendment to the Competition and Consumer Protection Act, as well as the Regulation of the Council of Ministers on the leniency scheme. The guidelines reflect over 20 years of experience of the Office of Competition and Consumer Protection in applying this scheme.

The leniency scheme is similar to the institution of crown witness in criminal law. It allows companies and managers involved in an anti-competitive agreement to reduce a financial penalty or avoid it altogether. The condition is to provide evidence or information concerning prohibited activities and to cooperate with the President of UOKiK. This solution was introduced into Polish law in 2004, and since 2015 not only companies but also company managers may benefit from it. In the last five years alone, UOKiK has received over 30 applications for waiver or reduction of financial penalties.

“The leniency scheme is an important tool for us, allowing us to obtain evidence of the existence of a prohibited agreement. The leniency clarifications are another document showing how we operate and apply the law. They are primarily addressed to lawyers representing businesses. At the same time, companies and managers who participate in collusion should be aware that it is worth contacting UOKiK in order to avoid severe sanctions for breaking the law”, says President of UOKiK Tomasz Chróstny.

Clarifications regarding applications for waiver and reduction of fines can be downloaded from www.uokik.gov.pl. We encourage those interested in the leniency scheme to contact the Authority at a dedicated phone number: +48 22 55 60 555. UOKiK staff will answer any questions about the leniency scheme, including anonymous inquiries.

The leniency scheme is not the only way for UOKiK to obtain information about collusive practices restricting competition. We also have a platform for obtaining information from anonymous whistleblowers. We rely primarily on information from former and current employees of companies who want to draw UOKiK’s attention to unethical practices at their respective companies. Do you wish to inform UOKiK about competition-restricting practices? Visit https://uokik.whiblo.pl/ or scan the QR code below and use the simple form. The system we use guarantees full anonymity, including from UOKiK.