Following the latest reseach commissioned by the Office of Competition and Consumer Protection, undertakings highly assess their knowlegde of competition law and are aware of which practices can be regarded as prohibited. The significance of gaining knowledge of current trends in competition law among the professional market participants was reflected in the attention attracted by the yesterday’s International Competition Law Forum

Heads of foreign antimonopoly authorities, representatives of international organizations dealing with the protection of competition, lawyers, entrepreneurs and representatives of business circles yesterday touched upon in their discussions the topic of development and application of law and the necessity to seek best legal and institutional instruments in counteracting prohibited agreements, to the benefit of all market participants

How to detect cartels efficiently and respect the rights of undertakings at the same time? What are the latest trends of competition protection authorities in fining policy? How to efficiently present cases in the court proceedings in antimonopoly decisions? – these were the main topics raised during the 2^nd International Competition Law Forum. The yesterday’s conference at the Warsaw School of Economics has been already the second international conference held by the Office of Competition and Consumer Protection in the field of competition protection. Heads of foreign antimonopoly authorities, representatives of international organizations dealing with the protection of competition, lawyers, entrepreneurs and representatives of business circles yesterday touched upon in their discussions the topic of development and application of law and the necessity to seek best legal and institutional instruments in counteracting prohibited agreements, to the benefit of all market participants.

Joaqin Almunia, the Vice-President, Commissioner for Competition, European Commission, stressed on opening the Forum the vital role of international cooperation and the impact of decisions made by national authorities on the Community market. He emphasised that facing the requirements of globalization, the European Union must undertake cooperation so as to create one market. He added that national antimonopoly authorities should act as leaders in this process and their duty is to eliminate these prohibited conducts of undertakings which may affect the Single Market.

The procedural fairness and observing it by the competition protection authorities was raised among other topics discussed during the Forum. Participants to the event took into consideration the principles concerning the protection of interests of undertakings in the course of inspections aimed at detecting and eliminating cartels by antimonopoly authorities. Another issue under discussion was the effective cooperation between the competition protection authorities and representatives of judiciary, which is also a part of project drafted by UOKiK under the International Competition Network.

The effective market protection cannot do without the cooperation of antimonopoly authorities with undertakings. The latest survey conducted by commission of UOKiK among the undertakings clearly demonstrates that a vast majority of professional market participants – as much as 88% - stated that they know the laws regarding the protection of competition. Moreover, they can identify these practices which can be recognized as prohibited agreements. For example, as much as 80% knew that fixing the prices of purchase between market competitors is contrary to law.

It seems worrying that over 48% of undertakings stated that attaining a monopolistic position on the market is prohibited, whereas under the antymonopoly law – only the abuse or using the dominant market position by stronger market players aimed at restricting the competition is subject to penalty.

A part of questions addressed to professional market participants under the survey concerned the leniency programme. There is a tendency of raising awareness as regards the possibility to cooperate with UOKiK to avoid or decrease the financial sanction – 41.5% of respondents declared they knew that, whereas in 2009 only 19% repondents answered this question positively.

Among respondents declaring their knowledge of the leniency institution, over 45% stated it can encourage undertakings to disclose price collusions; as much as 70% would consider benefiting from it.

Website: International Competition Law Forum

The greater knowledge of the leniency programme influences the increase in the number of applications received by the Office. From the very beginning of 2012, 14 applications have been submitted, compared to 30 in the years 2004-2011.

Providing the basis for the dialogue and initiating public debates certainly serves as stimuli for promoting the knowledge and working out solutions which can contribute to respecting  the principles of competition law by undertakings. On the other hand, this may cause antimonopoly authorities will apply more transparent procedural rules. It was supported by the fact that the speakers and audience of the yesterday’s 2^nd International Competition Law Forum were both the experts dealing for years with the antimonopoly issues in Poland and abroad, as well as representatives of business circles wishing to obtain a complex knowledge in this regard.

Additional information for the media:
Małgorzata Cieloch, Spokesperson for UOKiK
Department of International Relations and Communication
Pl. Powstańców Warszawy 1, 00-950 Warszawa
Phone: +48 22 827 28 92, 55 60 106, 55 60 430
Fax  +48 22 826 11 86
E-mail: malgorzata.cieloch@uokik.gov.pl

* The research commisioned by UOKiK concerning the knowledge of competition law in Poland. The survey was conducted from March to May, 2012. It covered 1200 undertakings in total, was divided into four groups, giving employment respectively to 9, 10-49, 50-249, and over 250 persons.