A seminar, which took place today at the Office of Competition and Consumer Protection was dedicated to transnational competition rules and their role in the economic development. Experiences of Poland and other Central European counties in the area of implementing the antitrust regulations were also discussed in course of the meeting

The main objective of the seminar was presentation of the outcome of an international research programme, in which the representatives of the Office of Competition and Consumer Protection became involved. The research was realised - upon request of the European Commission (Research Directorate General) - a consortium managed by the University of Sussex. Their results shall be presented during the conference, which is to take place between 9-10 December in Brussels. According to the assumptions of the European Commission, it shall constitute a model for implanting the antimonopoly law and competition principles in countries, where it is not present yet.

A research team assembled by UOKiK’s experts and CASE-Advisors Ltd. consultancy firm. The latter was responsible for the Polish part of the project. The Polish team analysed the genesis and the evolution of the antimonopoly law in Poland, the Czech Republic, Slovakia, Latvia, Lithuania and Ukraine. As it results from the research, the process of shaping modern regulations protecting competition had a similar course in the counties of the region. Poland is a model example, where already within the first months after the transformation of the political and economic system, the Act on counteracting the antitrust practices was passed, and an independent antitrust authority was appointed. Its main tasks were to create conditions for establishment and development of competition. Within this period, the then Antimonopoly Office (currently UOKiK) issued 20 decisions on partition of the monopolies (among other in the cereal industry.) Equally important was the promotion of competition among clerks and entrepreneurs - especially the personnel responsible for management of public enterprises, which was used to operate in conditions of monopoly.

Next stage, which started after 1993, was to adjust the Polish antimonopoly law to the European Community legislation. Among other - the Act on competition and consumer protection, but also provisions regulating the process of granting the state aid to enterpreneurs was passed at that time. A significant change was the transformation of the Antimonopoly Office into UOKiK in 1996 and entrusting it with tasks of protecting the collective consumer interest. This stage ended with a comprehensive harmonisation of the Polish antitrust regulations with the community property and Poland’s accession to the European Union.

Since the day of the accession to the European Union, the President of UOKiK is obliged to apply the provisions of the Treaty Establishing the European Community in relation to the cases of anti-competition agreements and abuse of dominant position, which may influence trade between the Member States. These transnational regulations aim at implanting one of the EU objectives, which is the establishment of a Common Market. In order for the entrepreneurs and consumers to get the maximum benefit of it, except of the public barriers it is also necessary to eliminate the obstacles created by the entrepreneurs - for instance the ones which conclude prohibited agreements, effects of which surpass territory of a single state.

Thanks to the transnational competition rules, the fight with its cross-border limitations can be more effective. One of the effects of the reform of the Community antitrust provisions is establishment of the European Competition Network (ECN), which is the forum for cooperation, exchange of experiences and discussion for organs implementing the Community competition policy. The European Commission and the national competition authorities - including the President of UOKiK - can increase the effectiveness of fight with the most dangerous infringements of competition surpassing the territory of a single country, and which can have an influence on trade between Member States, through exchange of information, mutual assistance in evidence collection and carrying out checks on the territory of own countries, but also discussing draft decisions.

The next challenge - as discussed by Professor Simon Evenett from University of St. Gallen in the course of the seminar - is to determine the rules of competition that would be common for the entire world trade system. Even though the proposal to implement them into the World Trade Organization (WTO) met with a fierce resistance - especially from the developing countries (among which not many have their own provisions or institutions, that would protect competition), but there are discussions of this subject conducted simultaneously on over a hundred fora, dealing with regional trade.

Additional Information:
Elżbieta Anders, Spokesperson of UOKiK
Department of International Relations and Communication
Office of Competition and Consumer Protection
Pl. Powstańców Warszawy 1, 00-950 Warsaw
Tel. 22 827 28 92, 55 60 106, 55 60 314
E-mail: [SCODE]ZWFuZGVyc0B1b2tpay5nb3YucGw=[ECODE]