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OCCP's competence in the field of competition protection
The competence of the President of the OCCP in field of competition protection
Primary duty of the President of the Office of Competition and Consumer Protection is to ensure a proper functioning of competition as a publicly desirable good. The necessity to compete in the market forces undertakings to reduce costs, increase efficiency and develop new products. As a result consumers have access to a broader range of high quality goods and services at lower prices. In consequence, an effective competition influences an increase of the competitivness of the entire economy, which is of great importance for the economic and employment growth.
Administrative (antimonopoly) proceedings against undertakings violating the prohibition of competition restricting practices constitute an important tool of the President of the OCCP. Through these proceedings the President of the OCCP may issue a decision demanding discontinuation of the unlawful activities and impose a fine up to 10% of the undertaking’s last year's revenues.
In order to maintain an effective competition the President of the OCCP also controls concentrations of undertakings. This right enables avoiding a situation when as a result of a merger is created an entity, which has a strong (dominant) position on a given market, which enables the entity to operate in disregard of competitors, contractors and consumers.
Since Poland's accession to the European Union the President of the OCCP is able to directly implement provisions of the EC Treaty. It means that the President may initiate antimonopoly proceedings under the EU law and impose fines on European enterprises violating these regulations if the illegal practices affect trade between Member States.
The President of the OCCP also operates within the European Competition Network (ECN) constituting a cooperation platform between the European Commission and all Member States.