The President of the Office of Competition and Consumer Protection is a central authority of the state administration. They report directly to the Prime Minister, who appoints them from amongst the persons selected by way of an open and competitive contest. The President of the Office is responsible for shaping the antitrust policy and consumer protection policy.

The primary antitrust instrument used by the President of the Office are proceedings concerning competition restricting practices, i.e. abuses of a dominant position and prohibited agreements (cartels). The proceedings may end in a decision ordering the enterprise involved to cease the activities in question and pay a fine. The President of the Office is also authorised to control mergers in order to prevent situations where as a result of a merger a dominant entity is created on the market.

Since 2004 the Office of Competition and Consumer Protection has been providing its opinion on state aid schemes and individual state aid decisions before their notification to the European Commission, which is the only body with the power to determine state aid’s compliance with the Single Market. Based on reports from the granting entities and beneficiaries, UOKiK prepares annual reports on state aid, evaluating its effectiveness, efficiency and impact on competition.

The President of the Office has also the power to carry out proceedings concerning practices infringing collective consumer interests, which may lead a decision ordering the enterprise involved to cease the practices in question and pay a fine. Further consumer protection activities include ridding B2C contracts from prohibited clauses, i.e. contract terms setting forth consumers’ interests in a way that infringes the law or good practices. Here, the major instrument used by UOKiK are inspections of contracts used by enterprises.

What is more, to protect the health and life of consumers, UOKiK carries out proceedings concerning general product safety. They may end in a decision ordering the enterprise involved to withdraw a dangerous product from the market and, pursuant to the amendment of the Act of 12 December 2003 on general product safety, pay a maximum fine of PLN 100 thousand. The President of the Office also monitors the market surveillance system, whose aim is to ensure that only safe products, which meet the essential requirements set forth in Polish regulations implementing the so-called New Approach Directives, are available on the market. The Office of Competition and Consumer Protection is also responsible for managing the fuel quality monitoring and scrutinising system.

Attached files

Competition and Consumer Protection Policy (2015)