– Protecting competition and consumers requires constant reinforcement but actions taken to this end cannot lead to increasing the Office’s powers at the expense of the employers’ rights – said Arkadiusz Pączka, Director of the Legislation Monitoring Centre of Employers of Poland expecting of the new President of UOKiK (Office for Competition and Consumer Protection) a change in the attitude to entrepreneurs.
We expect from Adam Jasser, the new President of UOKiK (Office for Competition and Consumer Protection) above all strengthening dialogue with entrepreneurs. This is all the more urgent as our critical remarks have been completely ignored for a long time.
It is necessary to return to the discussion on the regulations proposed by the UOKiK which limit the rights of entrepreneurs. These include proposals for: the introduction of the responsibility of people managing the company for violations of the prohibition on competition restricting practices, extending the one-year antitrust limitation period, or introducing a public duty to inform consumers about "suspicious practice" in an entrepreneur’s activity.
We share the view that it is necessary to counteract bid rigging. However, the situation in which secret proceedings against suspected contractors are to be conducted in order to gather evidence of their illegal activities does not seem to be consistent with the fundamental principles of the rule of law.
One should also return to the discussion on what the entrepreneurs have repeatedly called for, namely restoring the term of office of the President of the UOKiK because its lack is a pathology in a democratic state of law. Employers of Poland expect a new discussion on the regulatory agencies, the advantages and disadvantages of the currently existing model. We believe that it is worth using the experience of other countries in this regard.
Director of the Legislation Monitoring Centre of Employers of Poland