• The President of UOKiK presented new clarifications concerning the imposition of fines for anti-competitive practices.
• What are the mitigating and aggravating circumstances, how does the duration of price fixing affect the amount of fine?
• These are only some of the issues described in the published document.

The Act on Competition and Consumer Protection stipulates the maximum amount of the fine for participation in an anti-competitive agreement and abuse of a dominant position. However, these provisions do not clarify how exactly these pecuniary sanctions are calculated. To meet the expectations of business owners, UOKiK published a new document clarifying how fines for anti-competitive practices are imposed.

“We react strongly to any violations of the law. At the same time, we are transparent in our actions. That is why we present new clarifications concerning the imposition of fines for anti-competitive practices. The current version of the document is adapted to the provisions laid down in the ECN+ Directive,” said Tomasz Chróstny, President of UOKiK.

The amendment of clarifications results from the amendment of legal regulations in connection with the implementation of the aforementioned directive. The clarifications include additional information concerning on the imposition of fines on entities that are part of complex capital groups and on parent companies. This will be particularly relevant in proceedings against enterprises that are members of international capital groups. In addition, the clarifications specify how such factors as duration of the violation, type of practice and its market effects impact the amount of the fine. The document lists mitigating circumstances, such as cooperation with UOKiK in the course of the investigation, and aggravating circumstances, e.g. acting as the leader in a competition-restricting agreement.

Importantly, before imposing a fine, the President of UOKiK will take into consideration whether it is adequate to the case as a whole. In exceptional situations, the President of UOKiK may determine that a previously imposed fine is inadequate and impose a fine in a higher or lower amount. In such cases, the President of UOKiK will present an additional justification for that action.

Clarifications concerning how the amounts of fines in cases related to infringement of the prohibition to use anti-competitive practices are determined can be downloaded from the website: konkurencja.uokik.gov.pl