The Employers of Poland welcome the OCCP’s mitigation of some controversial proposals concerning the amendments to the Act on Competition and Consumer Protection. – Despite this, the bill requires further amendments – stress the experts of the organization.
The most important modification concerns the OCCP’s withdrawal from the idea of imposing financial penalties on the person in charge, if as part of exercising his/her functions - even unintentionally – he/she let an entrepreneur to breach the ban on concluding agreements restricting competition.
– Possible penalties could be imposed on the managers only in exceptional cases and concern wilful misconduct – emphasize the experts of the organization. The abandonment of the regulation imposing an obligation to pass on the documents and information requested by the President of the Office should also be considered as advantageous. The Employers of Poland continue to critically evaluate the proposal concerning a possibility of public disclosure of information about an entrepreneur’s activity likely infringing the law, despite the fact that in the relevant proceedings it has not been definitively settled yet. What is a matter of concern is an obvious tendency of the proposed amendment, i.e., the expansion of the powers and discretion of the competition authority parallel to weakening the position of entrepreneurs in the proceedings in front of the President of the Office.