Office for Competition and Consumers Protection

The President of the Office of Competition and Consumer Protection is a central agency of the state administration. He reports directly to the Prime Minister, who appoints him from amongst the members of the State Staffing Pool. The competence of the President of the OCCP comprises in shaping of antimonopoly policy and consumer protection policy.

 

In terms of competition protection the primary instrument at the President's disposal comprises antimonopoly proceedings in cases of competition restricting practices – abuse of a dominant position on the market and prohibited agreements (cartels). Those may result in a decision to discontinue the questioned activities and in a fine. The President of the OCCP is also authorised to control concentrations in order to prevent a situation in which as a result of a merger of undertakings, an entity dominating the market would be created.

 

Since 2004 the President of the OCCP has been opining state aid projects granted to undertakings as a part of aid schemes and individual decisions before they are notified to the European Commission, which is the sole competent body to determine state aid’s compliance with the Single Market. On the basis of reports of entities granting aid and of the aid beneficiaries the President prepares annual reports on state aid – mostly on its effectiveness and efficiency as well as on their impact on competition.

 

The competence of the President of the OCCP also comprises proceedings concerning practices infringing collective consumer interests. He may issue an order to stop questioned practices and pursuant to the Act of 16 February 2007 on competition and consumer protection (Journal of Laws No. 50.331) impose a fine. The activities aimed at elimination of illegal abusive clauses from legal use – i.e. affecting consumer interests in infringements of the law or good practices – also serve the protection of weaker parties. The essential tool comprises inspection of contract clauses used by companies.

 

General safety related proceedings serve the protection of health and life of consumers. As a result of these proceedings the President of the OCCP may issue an order to withdraw dangerous products from the market and pursuant to the amendment of the Act of 12 December 2003 on general product's safety impose a fine up to PLN 100 thousand. The purpose of the market surveillance system monitored by the President of the OCCP is to ensure that only safe products, which meet essential requirements defined in legal acts implementing the so called New Approach Directives in the Polish legal system, are available. The OCCP is also responsible for liquid fuel quality monitoring and control system management.