Introduction In April 2024, the President of the Office of Competition and Consumers Protection (the “PCA”) introduced new guidelines for setting fines in antitrust cases (the “Guidelines”). The Guidelines are the only document of this type issued by the PCA. Other fields of actions of the PCA, e.g. violations of consumer law, do not have…
In a preliminary ruling issued on 14 March 2024, the District Court in Warsaw (DCW) granted Ceneo Ltd. an interim injunction in respect of non-monetary claims against Google Ireland Ltd. to cease acts of unfair competition on the Polish territory, consisting in the creation of market entry barriers for the plaintiff. This ruling precedes (temporarily…
In April 2023, a Memorandum was signed between the competition authorities of eight Member States (Poland, Czechia, Estonia, Hungary, Latvia, Lithuania, Romania and Slovakia) and the competition authorities of the newest EU candidate countries Moldova and Ukraine for regional cooperation in the field of competition policy. The main objective of this initiative was to promote…
In 2022, the activities of the Polish Competition Authority (Urząd Ochrony Konkurencji i Konsumentów, hereinafter: UOKIK), and thus the developments in competition law in Poland, were affected by the aftermath of the COVID-19 pandemic as well as the war in Ukraine and the following energy crisis. Moving ahead with the times, the UOKIK undertook various…
In the wake of the recent hearing of the CJEU in the German Facebook case, this post assesses two common views on the integration of competition law and privacy policy, providing a general overview of the debate we are currently facing and reflecting on its apparent future. How privacy is relevant for competition law?…
Central-Eastern European countries such as Poland may serve as an interesting point of reference for generally studying major trends in competition law and policy and, more specifically, in post-transformation countries. Their experience may reveal characteristics not present in the case of Western European EU Member States. Moreover, they face specific challenges linked to the way…
On 9 February 2022, the General Court handed down its judgment in the offbeat case Sped-Pro (T-791/19). Notably, the General Court ruled that before rejecting a complaint on the grounds that the competition authority of a Member State is “better placed”, the Commission must examine, in a concrete and precise manner, the indications provided by…
2021 – the year of first decisions – the law, the practice, and the facts The law The possibility to impose financial fines on individuals in case of undertaking anti-competitive agreements by companies was introduced into the Polish competition law in 2015. It is a responsibility of a subsidiary nature – firstly, an undertaking must…
In February 2021, the Polish Competition Authority (Prezes Urzędu Ochrony Konkurencji i Konsumentów, UOKiK) cleared the media merger between Polska Press sp. z o.o. and PKN Orlen S.A. The Polish Commissioner for Civil Rights Protection had concerns about the impact of the concentration on media plurality. He appealed with the Competition Division of the Regional…
Starting in 2016, the EU set out the shift to high-capacity 5G networks with the adoption of the “5G for Europe Action Plan”.[1] These days, the buildout of the 5G network throughout Europe is starting. Slovenia,[2] the Czech Republic,[3] Slovakia,[4] Portugal,[5] and Sweden[6] are among the first Member States to commence the 5G spectrum auctions…
