Seeking to strengthen procedural fairness and parties’ defence rights, UOKiK will begin issuing “statements of objections” and establish an internal evaluation committee.

Poland’s Office of Competition and Consumer Protection (UOKiK) counts among its priorities effectiveness, administrative transparency, respect for the rights of all parties in proceedings. To strengthen this mission, it will now begin issuing statement of objections and institute an evaluation committee to oversee the consistency and quality of its decisions. The changes are to be enacted September 1.

The equivalent of the  “statement of objections” used elsewhere in EU competition enforcement, UOKiK’s “detailed justification of charges” is intended to raise the standards of procedural fairness, including the right to defence. The Authority will present its justification of charges to enterprises when it has finished gathering evidence in a case. The document will contain a factual and legal justification of the charges it is pressing along with evidence to support them so that the enterprise has the opportunity to respond before a decision is issued.

The Evaluation Committee

The internal evaluation committee will provide a mechanism for evaluating the consistency and quality of proceedings and decisions in the light of UOKiK’s policies and priorities. To be made up of representatives of UOKiK’s management, heads of departments and experts, the committee will be tasked with evaluating the decision process at each step of a proceedings, from initiation to completion. 

Openness and Transparency – realising UOKiK’s mission

UOKiK’s mission is defined as tough enforcement of competition law while paying full respect to procedural fairness, transparency and accountability. To implement these principles effectively, UOKiK has developed a number of guidelines and clarifications to facilitate better communication with enterprises and the public.

They range from the rules the Authority follows in presenting the results of sector inquiries it has conducted, to guidelines for parties to a proceedings seeking direct contact and dialogue with the Authority, so they may present their position. UOKiK’s guidelines and clarifications on acquisition control clarify the provisions it applies and how it conducts acquisition control proceedings. Prior to filing an acquisition application, an enterprise may present the transaction it seeks to carry out and request clarification and interpretation of regulations, which may be helpful as it files.

Additional information for the media:

Press Office, UOKiK
Pl. Powstańców Warszawy 1, 00-950 Warsaw
Phone.: +48 22 827 28 92, +48 22 55 60 314, +48 22 55 60 430
E-mail: biuroprasowe@uokik.gov.pl