Poland’s Office of Competition and Consumer Protection (UOKiK) has to date presented enterprises with a detailed justification of charges in six proceedings. The Authority has been using the procedure since September 1 2015.

UOKiK presents its justifications of charges once it has finished gathering evidence in a proceeding concerning competition limiting practices or infringement of collective consumer interests, and also when imposing financial penalties for violations of the Act on competition and consumer protection.

The justification of charges is a factual and legal substantiation of the charges being levelled together with an indication of the evidence on which the findings were made, so that the party has the opportunity to respond to them before a decision is issued. To date, UOKiK has issued a detailed justification in six proceedings. Three concerned suspicion of competition restricting practices and three activities infringing collective consumer interests.

The equivalent of the Statement of Objections used in proceedings before the European Commission and other competition authorities in other EU jurisdictions, the detailed justification of charges is intended to enhance procedural fairness, including the right to defence. It is designated by rulings of the European Court of Human Rights, EU and national courts alike, which have all put increasing emphasis on the rights of defense in administrative proceedings. It is also a further step allowing UOKiK to realize it mission of being effective, open in its administrative activities and respectful of the rights of the parties and procedural fairness.

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: [SCODE]Yml1cm9wcmFzb3dlQHVva2lrLmdvdi5wbA==[ECODE]

Twitter: @UOKiKgovPL