Dawn raids and searches

Area of expertise

The President of UOKiK increasingly seeks out information and evidence in cases regarding competition or consumer protection through dawn raids or searches that take place directly in the premises of a company.

In competition cases, UOKiK can perform a dawn raid in a company’s office and search premises and other places (such as the apartments of members of the management board). The European Commission is also entitled to perform inspections in companies in Poland regarding competition protection and have done so several times.

In consumer protection cases, in addition to searching offices, UOKiK can conduct “mystery customer” inspections to check service and information standards provided to consumers in a company’s outlets.

Pursuant to the Act on Competition and Consumer Protection, the President of UOKiK may impose a fine as high as EUR 50 million for obstructing a dawn raid or search.

Experience

The Law Firm is experienced in representing its clients during dawn raids and searches by UOKiK in: antitrust investigatory proceedings; proceedings on whether certain model contract clauses could be prohibited; and proceedings with respect to practices involving unfair contractual advantage.

Hansberry Tomkiel offers training and seminars to ensure that its clients’ are aware of the rights and obligations of the officials who conduct dawn raids and of those being inspected. The Firm has conducted mock dawn raids upon clients’ requests.

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