Amicable resolution of proceedings

Area of expertise

If the President of UOKiK initiates proceedings on a charge of violating the Competition Act or the use of contract templates recognised as prohibited, as well as the violation of collective consumer interests, it is possible to resolve the case on an amicable basis, i.e. a commitment decision requiring the company to take specific action (meaning that a company would accept and execute a commitment). In exchange, UOKiK would not confirm the illegal conduct and would not impose a fine. A similar solution has been provided for unfair contractual advantage investigatory proceedings.

Moreover, in a case of competition-restricting practices, it is possible to voluntarily submit to a fine that is reduced by 10% (in relation to the fine level that would have been imposed had the party not submitted voluntarily) in exchange for:

an acknowledgement by the party of the findings of the President of UOKiK regarding the practice and the scope of liability; and
a party’s agreement not to file an appeal.

As of 1 January 2020, an amendment to the Civil Procedure Code has introduced a settlement procedure before the Competition Court in cases in which an appeal of an UOKiK decision has been filed.

Experience

Hansberry Tomkiel represents clients during UOKiK’s investigations and in subsequent appellate proceedings.

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