Anyone can raise objections to commitments offered by PGNiG. This is the first time the President of UOKiK has started consultations which are to conclude the ongoing proceedings concerning the abuse of a dominant position by the company. Remarks concerning the market test may be submitted until 26^th July

Market test in fact means consultations aimed at getting the opinion of market participants prior to issuing a commitment decision by European antitrust authorities. It allows for more efficient elimination of a practice and avoiding a punishment, however an undertaking being subject to such proceedings has to apply for such initiative and offer measures which will remove negative effects of prohibited practices. The case of Polskie Górnictwo Naftowe i Gazownictwo (PGNiG) regarding consulting the commitments offered by the company is the first one where the Office has ever applied such measure.

The President of UOKiK instituted proceedings against PGNiG in April 2013. The President was concerned inter alia about the clauses which restricted the rights of gas recipients to limit the amount of gas fuel ordered for the following years as compared to the previous orders. Moreover, the President of UOKiK challenged these clauses which hindered a further resale of gas purchased by contractors from PGNiG.

The company addressed the Office to issue a commitment decision. In return, it offered to take actions which are assumed to restore the market competition. Before issuing the decision, the President of UOKiK decided to request the entities concerned about the gas market for stating their view on PGNiG’s offer. Thus the President initiated the first consultations, the market test, in relation to cases concerning the abuse of a dominant position.

-It is essential for us to learn the opinion of entities involved in gas fuel market and concerning the measures offered by PGNiG to issue the best decision as regards the market condition. Obtaining such information is really vital for us. We hope to hear suggestions if the proposed measures and deadlines envisaged for their implementation are sufficient to eliminate the practices challenged by the Office – encouragingly stated Małgorzata Krasnodębska-Tomkiel, the President of UOKiK.

Many antitrust authorities of European Union MS hold similar public opinion survey before reaching a commitment decision. Also the European Commission applies the market test. In countries such as the United Kingdom, France, or Italy it is obligatory, whereas in Poland, Germany, or Spain, surveying market participants is not compulsory.

Any entity may submit remarks till 26^th July. Opinions made in writing should be sent to the Department of Competition Protection, UOKiK, at the following address: Pl. Powstańców Warszawy 1, 00-950 Warszawa. The detailed information on proposed commitments for PGNiG is available at UOKiK’s website.

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 60 314, 55 60 430
Fax: +48 22 826 11 86
E-mail: [SCODE]bWFsZ29yemF0YS5jaWVsb2NoQHVva2lrLmdvdi5wbA==[ECODE]