Construction industry

Area of expertise

With some frequency, UOKiK has investigated the construction industry. The Authority often inspects regulations and contract templates offered to customers by development companies to ensure compliance with the consumer protection law. On several occasions, UOKiK has investigated road construction companies for suspected bid-rigging.

Findings of collusion by UOKiK or the EC may have far-reaching consequences, beyond being fined. The European Commission’s decision finding collusion among manufacturers of lifts and escalators led to the filing of private damage actions by companies harmed by the cartel’s conduct.

Companies introducing and/or selling construction products to the market must be aware of the obligations imposed on them, particularly the requirements that their products should meet. Certain agencies, such as the Central Office for Construction Supervision and province authorities, perform regular inspections of construction products. If consumers are found to have been misled by false claims that a construction product possess certain features, the President of UOKiK may open investigatory proceedings and impose a penalty of up to 10% of a company’s annual turnover if a violation is charged.

Experience

Our Law Firm’s services include:

representation at each stage of administrative proceedings before the President of UOKiK and at all levels of judicial appellate proceedings;
representing clients at each stage of administrative proceedings before the relevant authorities and administrative courts (in cases concerning market supervision and general safety of products, non-food products and services);
representation in civil courts in cases of unfair competition and claims for damages resulting from another company’s violation of the competition law;
compliance seminars tailored to a client’s needs and business;
legal compliance assessments (audits) of a client’s business.

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