Poland: new competition and consumer protection law

Important legislative changes in merger control, practices restricting competition, as well as practices violating collective consumer interests are being introduced.  The new law on competition and consumer protection was signed by the Polish President on 12 March 2007 and will come into force after 30 days from the day of its official publication.   

Key changes include:  

• limiting the category of transactions requiring notification to the Competition Authority – for example, there will no longer be a requirement to notify the acquisition of shares resulting in obtaining at least 25% of votes at shareholders’ meetings, or the acceptance by the same person of membership in managing or supervisory bodies of two competing undertakings; 
• increasing the turnover thresholds above which transactions have to be notified to €1 billion worldwide or €50 million in Poland;
• allowing the same financial penalties to be imposed by the authority for violation of collective consumer interests as for practices restricting competition: up to 10% of turnover in the preceding financial year;  
• replacing the current system - where the authority is obliged to institute proceedings  concerning practices restricting competition and practices violating collective consumer interests against the alleged wrongdoer on request - with a complaints procedure, allowing the authority discretion whether or not to institute proceedings.  This will allow the authority to concentrate its actions on material violations of the law.