In Sejm, works on amendments to the bill on competition and consumer protection are underway. Both projects – the government one, as well as the one prepared by Sejm members – involve a number of changes strengthening the position the anti-monopoly institution, while simultaneously restricting entrepreneurs’ rights. For this reason, according to Employers’ of Poland expert Jacek Cieplak, the proposed changes should be analyzed once again.
- Competition and consumer protection should undoubtedly be strengthened, but the action undertaken with this goal in mind should not lead to taking guaranteed procedural rights away from the entrepreneurs and granting them to the Office of Competition and Consumer Protection - says Employers’ of Poland expert Jacek Cieplak. He also reminds that the UOKiK chairman - as the only chairman in Poland – does not have a restricted term duration.
- Most suggested solutions do not comply with the principles of a democratic state under the rule of law – says the expert. In his opinion, the most controversial ideas involve introducing management responsibility for violations against the prohibition of monopolist practices, prolonging the one-year anti-monopolist limitation term to five years or introducing an obligation to publicly inform consumers of a ‘dubious practice’ in an entrepreneur’s activities.
- These propositions fundamentally weaken the entrepreneurs’ position and privilege UOKiK. They require a determined reaction from entrepreneurs and a clearly articulated opposition to the direction of suggested amendments – says Jacek Cieplak.
The article is also available in Polish at http://www.pracodawcyrp.pl/stanowiska/art,5664,pracodawcy-rp-warto-raz-jeszcze-przedyskutowac-proponowane-zmiany-w-nowelizacji-ustawy-o-uokik.html