Office for Competition and Consumers Protection

The main tasks of the Department of Legal Affairs and European Jurisprudence include preparing and issuing opinions on normative acts regarding competition and consumer protection and representing the President of the OOCP in court proceedings.

The Department provides legal service for the Office, i.e. drafts the most important regulations within the scope of competition law and consumer law and issues opinions on drafts prepared by other departments. Furthermore, the Department represents the President of the Office in court proceedings before the Court of Competition and Consumer Protection (in cases of appeals against the OCCP decisions), the court of appeal (in cases of appeals against the decisions of the Court of Competition and Consumer Protection) and the Supreme Court (in cases of cassations lodged in relation to the decisions of the court of appeal), as well as before administrative courts and other deciding bodies.

The Department of Legal Affairs and European Jurisprudence issues legal opinions concerning the interpretation of the provisions of the Antimonopoly Act and other acts providing for specific tasks and responsibilities of the President of the OCCP and the Trade Inspection, which is subordinated to the OCCP. The Department clarifies legal doubts emerging in the course of the various OCCP organisational units’ operations.

Furthermore, the Department collects national and Community judicial decisions concerning competition protection, consumer protection and state aid. The Department also maintains a register of the appeals and complaints submitted to the Court of Competition and Consumer Protection, the appeals brought before the court of appeal, the cassations brought before the Supreme Court and the complaints submitted to administrative courts.

The Department of Legal Affairs and European Jurisprudence carefully analyses judicial decisions and chosen issues regarding Polish and Community competition and consumer protection laws, as well as edits the OCCP Official Journal.

The activities undertaken by the Department of Competition Protection on behalf of the President of the OCCP focus on counteracting anti-competition agreements and abuses of the dominant position. The Department of Competition Protection is responsible for conducting proceedings and drafting decisions regarding the aforementioned practices. The Department also prepares the President of the Office’s positions on any appeals, complaints and cassations that may be filed in relation to the his decisions. At the same time the Department monitors the implementation of the President of the OCCP’s rulings.

The staff of the Department of Competition Protection represent the Office in legislative works relating to competition policy, draft governmental competition development programmes and periodic reports on their implementation. The Department of Competition Protection cooperates with the Department of Legal Affairs and European Jurisprudence and the Department of Market Analyses.

Since 1 May 2004 the scope of competence of the Department of Competition Protection has been broadened to include cooperating with the European Commission and the competition authorities of the other EU Member States within the framework of the European Competition Network. The cooperation is aimed at coordinating competition protection activities at the Community level and results from the national authorities being entrusted with applying the Community competition law (Article 81 and 82 of the EC Treaty).

The Department’s main task is to analyse the information on the state of competition in different domestic markets. The Department of Market Analyses carries out research of the markets which, due to distortions of competition, are the object of the OCCP’s proceedings and also researches the markets which due to their vulnerable structure are prone to violations of competition law. In the event that the research provides sufficient evidence to suspect that the law was violated, the Department of Market Analyses notifies the Office’s management of the need to initiate proceedings.

In recent years the following markets have been, among others, the object of particular interest of the Department of Market Analyses: landline and mobile telephony, pharmaceuticals, fuels, services provided by liberal professions and financial products and services.

The Department of Market Analyses coordinates the research operations of other units of the Office, by means of preparing research schemes and participating in shaping the governmental competition policy.

The Department monitors the changes occurring in the Community competition policy and prepares internal reports on the research performed. The results of the analyses are used inter alia in publications of the Office.

Furthermore, the Department creates and manages databases relating to the state of competition in Poland, as well as assists other OCCP departments by means of preparing economic analyses for the purposes of proceedings carried out by the Office.

The main task of the Department of Concentration Control is monitoring the level of concentration in the different domestic markets and conducting antimonopoly proceedings. The Department drafts legislative acts, issues opinions on them, prepares the OCCP decisions on the matters of concentrations, divisions of undertakings and fines.

The Department closely cooperates with European Union bodies and other national competition authorities within the EU.

The Department of State Aid Monitoring carries out initial assessment of the compliance of aid programmes and individual aid schemes (granted on the basis of a decision or contracts) with the principles of the Common Market. It also judges the necessity of such projects’ notification to the European Commission.

The Department drafts documents and prepares information for the purposes of representing Poland in state aid cases heard by the European Commission, the European Court of Justice and the Court of First Instance.

The Department is responsible for monitoring the state aid granted in Poland. It prepares an annual report on state aid including relevant qualitative and quantitative data as well as an overall impact assessment of the aid granted on the state of competition in the market.

The main task of the Department is shaping and implementing the government consumer policy. To this end the Department conducts administrative proceedings concerning practices infringing collective consumer interests. The Department also initiates legislative works on the creation or amendment of consumer protection regulations.

The Department’s responsibilities also include filing court cases (after consulting the Department of Legal Affairs and European Jurisprudence) for recognizing given contractual clauses as abusive.

The Department of Consumer Policy supports local authorities, national non-governmental organisations and other institutions whose tasks include protection of consumer interests. The Department also initiates tests of products and services.

Furthermore, the Department of Consumer Policy actively collaborates with the European Commission and national consumer protection authorities in the other EU Member States within the framework of the Consumer Protection Cooperation.

The Department of Market Surveillance monitors different sectors of the economy with the aim of eliminating dangerous products, goods non-compliant with the essential requirements and poor quality fuels.

As for its responsibilities regarding general product safety, the Department approves plans of safety inspections of products, monitors the inspections and evaluates their effectiveness. It also conducts proceedings relating to product safety. The Department keeps a register of dangerous products and gathers all information on such product in order to subsequently forward it to relevant market surveillance authorities. It also collects notifications submitted by producers and distributors on non-compliant products placed on the market.

On behalf of the President of the OCCP, the Department of Market Surveillance monitors the system of controlling product compliance with the essential requirements provided for by the national legislation transposing the so-called New Approach Directives into the Polish law. The Department cooperates with the specialised market surveillance authorities issuing opinions on their plans of inspections and forwarding them the information on the products non-compliant with the essential requirements that are placed on the market. The Department also keeps a register of such products.

The Department of Market Surveillance performs the President of the OCCP’s tasks with respect to managing the fuel quality monitoring and scrutinizing system. The Department draws up the principles and programmes of filling stations and fuel wholesalers inspections (which are carried out by the Trade Inspection). It also prepares regular reports for the Polish Council of Ministers and the European Commission on the quality of liquid fuels sold in the Polish market. The Department also maintains a database facilitating its scrutinizing duties (records of undertakings, filling stations, fuel wholesalers and certified laboratories authorised to carry out fuel tests).

The Department is responsible for shaping and implementing the Office’s information and education policy, as well as for international cooperation in the scope of competition and consumer protection. The Department’s main tasks involve devising and carrying out social campaigns, publishing and promotional projects, cooperating with the mass media and managing the OCCP’s websites.

The Department’s responsibilities also include cooperating with public as well as non-governmental institutions representing the interests of the business sector and of the consumers in Poland and abroad.

As far as international cooperation is concerned, bilateral and multilateral contacts constitute an important aspect of the Department’s operations. It cooperates on a regular basis with EU institutions and other organisations, such as the OECD, WTO, ICPEN and UNCTAD.

The Department is also tasked with initiating, coordinating and implementing projects financed by UE funds according to applicable Community procedures.

The Department prepares the President of the OCCP’s positions and coordinates the circulation of documents drawn up by other OCCP units to be presented in the European Committee of the Council of Ministers.

Furthermore, the Department coordinates the EWD-P computer system which facilitates the working out of Poland’s positions in the Working Groups of the EU Council. The Department is also responsible for all the translations contracted out by the Office. The Department is the contact point of the Technical Assistance Information Exchange Unit (TAIEX) and manages the OECD’s OLISnet database of documents.

The Department prepares agendas of foreign delegation’s visits to the Office and organises OCCP staff’s business travels abroad.

The Department of Budget and Administration deals with coordinating public procurement and facilitates the day-to-day operation the Office in the administrative and financial scope. It is also responsible for planning and implementing the Office’s budget and maintains a register of fines imposed by the OCCP. The Department deals with personnel issues regarding employees’ remuneration and the administration of payroll resources.

The Department is responsible for ensuring the efficient functioning of the IT system of the Office’s headquarters and the branch offices. The Department closely cooperates with other OCCP departments, e.g. with the Department of Consumer Policy with regard to granting subsidies and commissioning consumer protection tasks in the field of consumer protection to non-governmental organizations.

The Secretariat of the President of the OCCP is responsible for maintaining a register of applications for disclosure of public information. It also coordinates all issues surrounding the implementation of the Act on Lobbying Activities in the Legislative Process. The Secretariat maintains a record of complaints filed in connection with the operations of the Office and its staff.

Moreover, the Secretariat ensures smooth and swift circulation of the in- and outgoing correspondence of the OCCP and prepares background material for the purposes of the OCCP management’s participation in the meetings of the Council of Ministers and its working bodies. The Secretariat also coordinates the realisation of the tasks delegated by the President of the OCCP to the Office’s units.

The Office of the Director General was established in order to provide chancellery services and administrative and office support to the Director General. The Office deals with personnel matters, including employment, promotions, trainings, as well as internships and student placements.

The Office also provides support to the Disciplinary Committee and other committees appointed by the President of the OCCP or the Director General.

Furthermore, the Office performs internal audit activities with respect the use of the Office’s budgetary means.