Appeals of Decisions of UOKiK

Area of expertise

UOKiK investigatory proceedings end with an administrative decision in each of the following categories: collective consumer interest investigations, model contract (clauses) investigations, competition-restricting investigations and unfair contractual advantage investigations. UOKiK also issues decisions concerning market supervision, general product safety and requirements for non-food products and services.

In concentration review proceedings, the UOKiK President may issue one of the following types of decisions:

clearing the notified transaction;
prohibiting the notified transaction; or
giving his or her conditional consent.

It is possible to appeal each of the above-listed types of decisions to the Court of Competition and Consumer Protection, a first-instance court. Further stages of appeal can be made to the Court of Appeals, and, under certain circumstances, to the Supreme Court.

With regard to decisions concerning market supervision, general product safety and requirements for non-food products and services, a party may file a complaint to the Regional Administrative Court. Further stages of appeal can be made to the Supreme Administrative Court.

Experience

In cases in which the UOKiK President has issued a negative decision, it is not uncommon for a party to file an appeal to the Competition Court, a court of first instance, and subsequently, to courts of higher instances. Hansberry Tomkiel is exceptionally experienced in representing clients in judicial appellate proceedings.

A recent success was an appellate case in which the Firm represented a hygiene products manufacturer before the Competition and Consumer Protection Court. The Court annulled UOKiK’s decision charging resale price maintenance (RPM). The positive outcome of this case is significant as defendants rarely win RPM cases, especially those in which a leniency applicant has testified.

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