The Council of Ministers has passed a bill that expands the powers of the Office for Competition and Consumer Protection. This is the second information at the beginning of the year that will delight customers.
Not only the Ombinus Directive, but also new government powers arising from other European commitments. The Department of Competition and Consumer Rights Protection will receive new powers.
WOKiK can do more
On January 3, the Council of Ministers adopted a draft law amending the law on competition and consumer protection and some other laws. It aims to bring Polish legislation into line with EU norms.
“The project adapts the provisions to an EU directive that aims to empower the competition authorities of member states to apply the law more effectively and ensure the proper functioning of the internal market in the EU,” the communiqué said after the meeting. Council of Ministers.
President of UOKiK with new powers
The project includes the expansion of the powers of the president of UCWC. He also presents:
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The President of the UCWC will be able, among other things:
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the imposition of a periodic fine on entrepreneurs who do not fulfill their duties;
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obtaining information from individuals.
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The provision on the imposition of fines on business associations will be clarified. This includes, among other things, the introduction of detailed regulations for calculating the turnover of an association of entrepreneurs and its individual members in order to impose a fine and ensure the possibility of executing a fine in the event of the insolvency of such an association.
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The methodology for determining the fine imposed for violations committed during or in connection with the inspection and resulting from non-execution of the decision of the President of the UOKiK will change. The idea is to replace the maximum fine limit set in amount with a limit set as a percentage of turnover.
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The financial penalty for these violations will not exceed 3 percent. the turnover achieved in the financial year preceding the year in which the penalty was imposed.
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The new decisions provide that if an entrepreneur violates the prohibition on concluding prohibited contracts or abuses a dominant position, the violation is also committed by the entrepreneur or entrepreneurs who exercise a decisive influence over this entrepreneur.
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The effectiveness of leniency programs will be improved, which may encourage potential applicants to inform competition authorities of secret, prohibited agreements that restrict competition.
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New provisions will be introduced regarding the validity of the allegations by the OCCA. After the changes are made, the substantiation of the charges will be issued at the stage of initiating a case. This obligation applies to the following proceedings:
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antimonopoly law in cases of anticompetitive practices;
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on actions that infringe on the collective interests of consumers;
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on cases of recognizing the provisions of a standard contract as unfair;
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regarding the imposition of fines.
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The rules for interaction between the UOKiK and the Police during checks and searches will be clarified.
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A five-year term of office for the president of the UCWC will be introduced. This decision, along with the definition of the criteria for appointment and dismissal, as well as the procedure for performing this function, is aimed at ensuring greater independence of the President of the UOKiK. It will also allow long-term planning of competition and consumer protection policy.
Source: Wprost
