competition | In Principle

Can the most popular prohibited clauses be permitted if they are worded differently?

Soon consumers in the European Union may obtain new options for pursuing claims, under the proposed Consumer ADR Directive and the proposed Consumer ODR Regulation. The proposals could also generate benefits for businesses.

The European Court of Justice has held that it is up to the national courts to determine whether and how to provide access to files generated under leniency programmes by injured parties seeking damages for violation of competition law.

Poland’s competition authority has approved cable company UPC’s acquisition of rival Aster, but UPC will have to sell off part of Aster’s network in the next 18 months.

When defining the relevant market for the merger of Empik and Merlin, the Polish competition authority did not give sufficient consideration to the time factor.

Even though PGE argued that its acquisition of Energa would have positive effects, such as increased national energy security for Poland, the Polish competition authority found that any benefits would not outweigh the restrictions…

When ruling on the amount of a fine, courts should be guided by the principle of proportionality, meaning that the fine should be tied to the revenue generated on sales of products affected by unlawful practices by the seller…

In a decision issued on 4 November 2010, the Polish competition authority imposed a record fine of PLN 123 million on Polska Telefonia Cyfrowa sp. z o.o., operator of the Era mobile phone network, for hindering an inspection

Interview with Konrad Drozdowski, executive director of the Polish Advertising Council

The Polish Office of Competition and Consumer Protection (UOKiK) must be notified of intended corporate mergers and acquisitions. The president of UOKiK typically grants approval, but companies need to recognise the risk of refusal or conditional approval