Office for Competition and Consumers Protection

Pursuant to the Act of 16 February 2007 on competition and consumer protection, it is forbidden to undertake competition-restricting actions consisting in:

1. concluding illegal competition-restricting agreements (Article 6(1)), in particular by:

• directly or indirectly fixing prices,
• limiting or controlling production or sales,
• sharing sales or purchase markets,
• applying burdensome or dissimilar terms and conditions in equivalent contracts with other trading parties, thereby differentiating conditions of competition for these parties,
• making the conclusion of contracts conditional upon acceptance or rendering by the other parties of supplementary performance which has nothing to do with the subject of the contract and has no customary relation thereto,
• restricting the access to the market for enterprises not covered by the agreement or eliminating them from the market,
• agreeing of terms and conditions of bids by enterprises entering the tender or by those enterprises and the party organising the tender, in particular with respect to the scope of the works or the price,

2. abusing dominant market position (Article 9(1)), in particular by:

• directly or indirectly imposing unfair (excessively high or unjustifiably low) prices,
• limiting production, sales or technical development,
• counteracting the formation of conditions necessary for the creation or development of competition,
• imposing burdensome terms and conditions of contracts, resulting in unjustified profits for the enterprise.

As regards combating practices other than competition-restricting agreements or abuse of dominant market position, according to the Act of 16 April 1993 on preventing unfair competition (Journal of Laws 2003 No. 153, item 1503 as amended), an enterprise may bring legal action against its competitor for infringing the enterprise’s interests.