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The Act Of February 16, 2007, The Competition And Consumer Protection

Original Language Title: USTAWA z dnia 16 lutego 2007 r. ochronie konkurencji i konsumentów

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ACT

of 16 February 2007

the protection of competition and consumers 1)

SECTION I

General provisions

Article 1. [ Regulatory scope] 1. The Act lays down the conditions for the development and protection of competition and the rules of the public interest protection of the interests of entrepreneurs and consumers.

2. [ 1] The Act regulates the rules and anti-competitive practices, practices that infringe the collective interests of consumers and the use of prohibited provisions in contract patterns, as well as counteracting anti-competitive concentrates. entrepreneurs and their associations, if these practices, the use of unauthorised provisions or concentrations cause or may cause effects on the territory of the Republic of Poland.

3. The law shall also specify the competent authorities in matters of protection of competition and consumers.

Article 2. [ Application of provisions of the Act] 1. The Act does not infringe on the rights of the intellectual and industrial property, in particular, the provisions on the protection of inventions, utility models and industrial designs, topographies of integrated circuits, trademarks, geographical indications, copyrights and related rights.

2. The Act applies to the concluded between entrepreneurs:

1) agreements, in particular licences, as well as other than agreements of exercise of the rights referred to in paragraph. 1;

2) contracts relating to undisclosed to the public:

(a) technical or technological information,

(b) organisation and management rules

-which measures have been taken to prevent their disclosure, where the effect of such agreements is unjustified by a restriction on the freedom of establishment of the parties or of a significant restriction of competition on the market.

Article 3. [ Exemption of application of the law] The provisions of the Act do not apply to restrictions on competition permitted on the basis of separate laws.

Article 4. [ Definitions] Whenever there is a law in the law:

1) entrepreneurs-it is understood by this entrepreneur within the meaning of the provisions on the freedom of business activity, and also:

a) a natural person, a legal person, as well as an organisational unit without legal personality, the law of which grants legal capacity, organising or providing services of a public utility character which are not an economic activity in the meaning of the provisions on freedom of economic activity,

(b) a natural person who is engaged in a profession in his own name and on his own account or who carries on his activities in the pursuit of such profession,

(c) a natural person who has control, within the meaning of point 4, of one or more economic operators, if he does not pursue an economic activity within the meaning of the provisions on freedom of economic activity, if he/she takes further action. subject to the control of the concentration referred to in Article 13,

(d) the business relationship within the meaning of point 2, excluding those relating to concentrations;

(2) the associations of economic operators, which shall be understood by the chambers, associations and other associations of undertakings referred to in point 1, as well as the associations of those organisations;

(3) a parent undertaking shall be understood by that undertaking which has control, within the meaning of point 4 above, of another undertaking;

(3a) a manager, who shall be understood by the head of the undertaking, and in particular the person acting as a manager or who is part of the economic operator of the undertaking;

(4) the acquisition of control, which is understood by all forms of direct or indirect acquisitions by the trader, which, apart from all legal or factual circumstances, makes it possible to exert a right of a decisive influence on another entrepreneur or business; such powers shall, in particular, create:

(a) either directly or indirectly, by a majority of votes at the assembly of accomplices or at the general meeting, also as a pledger or user, or in the management of another undertaking (dependent entrepreneur), also on the basis of agreements with other persons,

(b) the power to appoint or dismiss a majority of the members of the management board or of the supervisory board of another undertaking (dependent undertaking), including on the basis of agreements with other persons,

(c) the members of its administrative or supervisory board constitute more than half of the members of the management board of another entrepreneur (dependent entrepreneur),

(d) having, directly or indirectly, a majority of votes in a subsidiary or at the general meeting of a subsidiary, also on the basis of agreements with other persons,

(e) the right to the whole or part of the property of another undertaking (dependent entrepreneur),

(f) a contract providing for the management of another trader (subsidiary undertaking) or the transfer of profit by such an undertaking;

5. agreements-shall be understood to mean:

(a) contracts concluded between undertakings, between associations of undertakings and between undertakings and their associations or certain provisions of those agreements,

(b) arrangements made in any form by two or more traders or associations thereof,

(c) resolutions or other acts of associations of economic operators or of their statutory bodies;

6) (repealed)

7) goods-it is understood by this thing, as well as energy, securities and other property rights, services, as well as construction works;

8) prices-it is understood by this price, as well as charges of the nature of prices, trade margins, commissions and prices charged;

(9) the relevant market is the market for goods which, by reason of their use, price and characteristics, including quality, are regarded by their purchasers as substitutes, and are offered in an area where, by reason of their nature and the characteristics, the existence of market access barriers, consumer preferences, significant price differences and transport costs, the approximate conditions of competition are prevailing;

(10) a dominant position-this is understood by the position of the trader, which enables it to prevent effective competition in the relevant market by providing it with an opportunity to act significantly independently of competitors, counterparties and consumers; it is presumed that the trader has a dominant position if its market share is more than 40%;

11. competitors-it is understood by the operators who introduce or may enter or acquire or may acquire, at the same time, the goods on the relevant market;

12) consumer-it is understood by the consumer within the meaning of the provisions of the Act of 23 April 1964. -Civil Code (Dz. U. of 2014 items 121 and 827 and of 2015. items 4);

(13) consumer organisations-it is therefore independent of economic operators and associations of social organisations whose statutory tasks are to protect the interests of consumers; consumer organisations can carry on business activities. as a general rule, provided that the income from the activity is intended solely for the implementation of the statutory objectives;

14) a group of companies-it is understood by all those entrepreneurs who are controlled directly or indirectly by a single entrepreneur, including that entrepreneur;

15) (repealed)

16) the average remuneration-it is understood by this average monthly salary in the enterprise sector for the last month of the quarter preceding the day of the decision of the President of the Office of Competition and Consumer Protection, announced by the President the Central Statistical Office on the basis of separate provisions;

16a) of the financial year shall be understood to mean the financial year within the meaning of the Article. 3 para. 1 point 9 of the Act of 29 September 1994. of accounting (Dz. U. of 2013 r. items 330, of late. zm.);

17) the secret of an enterprise-it is understood by this mystery of an enterprise within the meaning of art. 11 (1) 4 of the Act of 16 April 1993. combating unfair competition (Dz. U. 2003 r. No. 153, pos. 1503, as of late. zm.);

18) the President of the Office-shall be understood by that of the President of the Office of Competition and Consumer Protection;

19) (repealed)

(20) Regulation (EC) No 1/2003/EC, which is understood by Council Regulation (EC) No 1/2003/EC of 16 December 2002 (1). on the implementation of the rules on competition laid down in Article 81 and 82 EC Treaty (Dz. Urz. EU L 1 of 04.01.2003, p. 1; Dz. Urz. EU Polish Special Edition, rozdz. 08, t. 02, str. 205);

(21) Regulation No 139 /2004/EC-This is understood by Council Regulation (EC) No 139 /2004/EC of 20 January 2004 (OJ L 141, 4.7.2004, p. on the control of the concentration of entrepreneurs (Dz. Urz. EU L 024 of 29.01.2004, p. 1; Dz. Urz. EU Polish Special Edition, rozdz. 08, t. 03, str. 40);

(22) Regulation (EC) No 2006/2004/EC of the European Parliament and of the Council of 27 October 2004 on the European Parliament and of the Council of 27 October 2004 on the European Parliament and the Council on cooperation between national authorities responsible for the enforcement of consumer protection laws (the 'Regulation on consumer protection cooperation') (Dz. Urz. EU L 364, 09.12.2004).

Article 5. [ A conversion to euro gold and other foreign currencies] The conversion of the euro and other foreign currencies into gold and the value of the zloty against the euro is made at the rate of the average foreign exchange announced by the National Bank of Poland on the last day of the calendar year preceding the year of filing intent to concentrate or impose a penalty.

SECTION II

Prohibition of restrictive practices

Chapter 1

Prohibition of restrictive agreements

Article 6. [ Prohibition of restrictive agreements] (1) Agreements the object or effect of which is to eliminate, restrict or otherwise distort competition on the relevant market, shall be prohibited, in particular in the following ways:

1) determining, directly or indirectly, prices and other conditions for the purchase or sale of goods;

2. restricting or controlling production or disposal and technical progress or investment;

(3) the division of markets for sales or purchase;

4) use in similar agreements with third parties cumbersome or non-uniform conditions of contract, creating a variety of conditions of competition for those persons;

5) making the conclusion of the contract subject to the acceptance or fulfilment by the other party of another provision, having no factual or customary relationship with the subject matter of the contract;

6) limiting access to the market or eliminating from the market of entrepreneurs not covered by the agreement;

7) the reconciliation by the entrepreneurs acceding to the invitation to tender, or by those entrepreneurs and the entrepreneur who is the organizer of the tender conditions of the submitted offers, in particular the scope of works or the price.

2. The agreements referred to in paragraph 2. 1, are in whole or in the relevant part invalid, subject to art. 7 and 8.

Article 6a. [ Violation by the entrepreneur of the prohibitions resulting from the provisions of the Treaty on the Functioning of the European Union] In the event that the trader finds a breach of the prohibitions referred to in Article 6 para. 1 points 1-6 of the Act or in Article 101 (1) 1 litas (a) the Treaty on the Functioning of the European Union, hereinafter referred to as 'TFEU', shall also be subject to the responsibility of the managing person, who, in the exercise of his or her functions, during the course of the infringement of those prohibitions, has deliberately committed by his or her act or omission by that trader of the prohibitions in respect of that trader.

Article 7. [ Exclusion of the prohibition of restrictive agreements] 1. The forbidding referred to in art. 6 para. 1, shall not apply to agreements concluded between:

(1) competitors, if their combined market share in the relevant relevant market does not exceed 5%;

2) entrepreneurs who are not competitors-if the share of any of them in the relevant market, which is the subject of the agreement, does not exceed 10%.

2. The forbidding referred to in art. 6 para. 1, it shall also not apply where the market shares referred to in paragraph 1 are covered by the relevant market shares. 1 shall not be exceeded by more than two percentage points over a period of two consecutive calendar years during the course of the agreement.

3. The provisions of the paragraph. 1 and 2 shall not apply to the cases referred to in Article 3. 6 para. 1 (1) to (3) and (7)

Article 8. [ Exclusion of the prohibition of restrictive agreements] 1. The forbidding referred to in art. 6 para. 1, does not apply to agreements which at the same time:

1. they contribute to improving the production, distribution of goods or to technical or economic progress;

2) provide the buyer or user an appropriate part of the resulting benefit agreements;

3. do not impose restrictions on the operators concerned which are not necessary to achieve those objectives;

4) do not give these operators the possibility to eliminate competition on the relevant market for a substantial part of the goods concerned.

2. The burden of proof of the circumstances referred to in the paragraph. 1, it rests with the entrepreneurs.

3. The Council of Ministers may, by regulation, exclude certain types of agreements which satisfy the conditions referred to in paragraph 3. 1, from the prohibition referred to in art. 6 para. 1, taking into account the benefits that certain types of agreements may bring. In this Regulation, the Council of Ministers will

1) the conditions which must be fulfilled in order for the agreement to be declared exempt from the prohibition;

(2) the clauses which are in breach of the Agreement. 6;

3) duration of the exemption

and may specify the clauses which the agreement does not consider to be in breach of art. 6.

Chapter 2

Prohibition of abuse of dominant position

Article 9. [ Prohibition of abuse of a dominant position] 1. The abuse of a dominant position on the relevant market by one or more entrepreneurs is prohibited.

(2) The use of a dominant position shall consist, in particular, of:

1) direct or indirect imposition of unfair prices, including the prices of excessively excessively exorbitant or abnormally low, distant dates of payment or other terms of purchase or sale of goods;

(2) the restriction of production, disposal or technical progress to the detriment of counterparties or consumers;

3. use in similar agreements with third parties cumbersome or non-uniform conditions of contract, creating a variety of conditions for competition;

4) making the conclusion of the contract subject to the acceptance or fulfilment by the other party of another provision, not having a substantive or customary relationship with the subject of the contract;

5. to counteract the development of the conditions necessary for the development or development of competition;

6) the imposition by the trader of arduous contractual terms and conditions which confer unjustified advantages on him;

(7) the breakdown of the market by territorial, assortment or subjective criteria.

3. Legal actions which constitute an abuse of a dominant position shall be wholly or in part invalid.

Chapter 3

Decisions on restrictive practices

Article 10. [ Decision on the recognition of the practice as restrictive of competition] (1) The President of the Office shall issue a decision on the recognition of a practice as restrictive of competition if it finds that the prohibitions referred to in Article 1 are in 6 or in Art. 9 of the Act or in Article 101 or in art. 102 TFEU.

2. In the decision referred to in paragraph. (1) The President of the Office orders the failure to apply the practice which infringes the prohibitions referred to in Article 3. 6 or in Art. 9 of the Act or in Article 101 or in art. 102 TFEU, if, pending a decision, this practice has not been discontinued.

3. The burden of proving that the practice violating the prohibitions referred to in art. 6 or in Art. 9 of the Act or in Article 101 or in art. 102 TFEU, it has ceased, it rests with the entrepreneurs.

4. The President of the Office may in the decision referred to in the paragraph. 1, order, in order to refrain from applying the practice or to remove its effects, the application of measures consisting in particular of:

1. grant of the license of intellectual property rights on non-discriminatory terms;

2. the possibility of access to a specific infrastructure on a non-discriminatory basis;

3) change of contract;

4. to provide other operators with the supply of certain products or the provision of certain services on a non-discriminatory basis.

5. Where the measures referred to in paragraph 1 are concerned (4) The President of the Office may, in the decision referred to in paragraph 4, be ineffective or effective, but more disruptive to the trader. 1, order the application of the measure to entrust the pursuit of a specific economic activity, including the pursuit of that activity at different levels of trade, to individual entities within the capital group or to separate entities organizational within the structure of the entrepreneur.

6. The measures referred to in paragraph 1. 4 and 5, should be proportionate to the gravity and nature of the infringement and necessary for its termination or removal of its effects.

7. Prior to the adoption of a decision ordering the application of the measures referred to in the paragraph. 4 and 5, the President of the Office shall inform the entrepreneur of the intention to apply certain measures. The entrepreneur may submit the position to the planned measures within 14 days from the date of service of the information.

8. In the decision referred to in paragraph. 1, the President of the Office may specify the time limit for the implementation of the measures referred to in paragraph. 4 and 5, taking into account the gravity and nature of the infringement and the measure applied.

9. If the measures referred to in paragraph are to be applied. 4 and 5, the President of the Office in the decision referred to in the paragraph. 1, it imposes an obligation on the trader to submit information on the degree of implementation of those measures within the prescribed time limit.

Article 11. (repealed)

Article 12. [ Antimonopoly proceedings] (1) If, on the basis of the circumstances of the case, the information contained in the notice or the basis of the initiation of the procedure is prima facie evidence in the course of antitrust proceedings, the prohibitions referred to in Article 1 (1) of the Rules of Procedure have been infringed. 6 or Article 9 of the Act or in Article 101 or art. 102 TFEU, and the trader, who is alleged to have infringed those prohibitions, undertakes to take or fail to take certain action in order to terminate the infringement or to remove the effects thereof, the President of the Office may, by decision, oblige the entrepreneur to perform these obligations. Where an entrepreneur has ceased to infringe the prohibitions referred to in Article 6 or Article 9 of the Act or in Article 101 or art. 102 TFEU, and undertakes to remove the effects of this infringement, the first sentence shall apply mutatis mutandis.

2. In the decision referred to in paragraph. The President of the Office may set a time limit for the performance of commitments

3. In the decision referred to in paragraph. 1, the President of the Office shall impose an obligation on the trader to submit information on the degree of performance of the commitments within the prescribed period

4. In the case of the decision referred to in the paragraph. 1, the provisions of Article 1 shall not apply. 10, art. 106 (1) 1 points 1 and 2 and art. 106a, subject to paragraph. 7.

(5) The President of the Office may, ex officio, annul the decision referred to in paragraph 1. 1, where:

1) it was issued on the basis of untrue, incomplete or misleading information or documents;

2) the entrepreneur does not perform the obligations or obligations referred to in the paragraph. 1-3.

(6) The President of the Office may, with the agreement of the economic operator, revoke the decision referred to in the paragraph. 1, where there has been a change of circumstances having a significant impact on the decision.

7. In case of repeal of the decision, the President of the Office shall adjudicate on the merits

Art. 12a. [ Deliberate Violation of Prohibitions by Entrepreneur] The President of the Office may determine that the managing person referred to in Article 6a, intentionally perpetrated the prohibitions referred to in Article 6 by the undertaking or omission by the undertaking of the prohibitions. 6 para. 1 points 1-6 of the Act or in Article 101 (1) 1 litas (a) TFEU, only in the decision referred to in Article 10 para. 1, where a monetary penalty is imposed on the trader in that decision, as referred to in Article 3 (1) of the Financial Regulation. 106 (1) 1 point 1 or 2.

SECTION III

Business concentrations

Chapter 1

Control of concentrations

Article 13. [ Notification of intent to concentrate] 1. Intent of concentration shall be notified to the President of the Office if:

1) the total worldwide turnover of the undertakings participating in the concentration during the financial year preceding the notification year exceeds the equivalent of 1 000 000 000 euro or

2) the total turnover in the territory of the Republic of Poland of the entrepreneurs participating in the concentration in the financial year preceding the year of the notification exceeds the equivalent of 50 000 000 euro.

2. The obligation arising from the mouth. 1 concerns the intention to:

1) the merger of two or more self-contained entrepreneurs;

2) acquisitions-by acquisition or acquisition of shares, other securities, shares or in any other way-direct or indirect control over one or more entrepreneurs by one or more entrepreneurs;

3) the creation by entrepreneurs of the common entrepreneur;

4) the acquisition by the entrepreneur of a part of the property of another entrepreneur (whole or part of the enterprise), if the turnover carried out by that property in any of the two financial years preceding the notification has crossed into the territory The Republic of Poland the equivalent of 10 000 000 EUR.

Article 14. [ Intent of a concentration not to be notified] The intention to concentrate shall not be notified:

1) if the turnover of the trader over which the acquisition of control is to take place, in accordance with art. 13 (1) 2, point 2, has not crossed into the territory of the Republic of Poland in any of the two financial years preceding the declaration of the equivalent of 10 000 000 euro;

(1a) if the turnover of any of the economic operators referred to in Article 4 (1) is 13 (1) 2 points 1 or 3, have not crossed into the territory of the Republic of Poland in any of the two financial years preceding the declaration of the equivalent of 10 000 000 euro;

(1b) consisting in the acquisition of control of an entrepreneur or entrepreneurs belonging to one group of capital and, at the same time, the acquisition of a part of the property of the entrepreneur or of the entrepreneurs belonging to that capital group-if the turnover the entrepreneurs or entrepreneurs over whom the acquisition of control is to take place, and the turnover carried out by the acquired parts of property has not exceeded the total of the territory of the Republic of Poland in any of the two financial years preceding the notification the equivalent of EUR 10 000 000;

2. consisting in temporary acquisitions or acquisitions by a financial institution of shares or shares with a view to resale, where the object of an economic activity of the institution is carried out on its own or between the account of investing in shares or shares of other undertakings, provided that the resale occurs before the end of the year from the date of acquisition or entry, and that:

(a) that institution does not exercise the rights of those shares or shares, with the exception of the right to dividends, or

(b) exercise those rights only in order to prepare for the resale of all or part of the undertaking, its assets, or those shares or shares;

3) consisting in temporary acquisitions or placing by the entrepreneur of shares or shares in order to secure the receivables, provided that he does not exercise the rights of those shares or shares, excluding the right to sell them;

4) in the course of insolvency proceedings, except in cases where the intent to take control or the acquiring part of the property is a competitor or belongs to a group of competitors of the acquired entrepreneur or whose part of the property is purchased;

5) entrepreneurs belonging to the same group of capital.

Article 15. [ Concentration by a dependent entrepreneur] The implementation of a concentration by a subsidiary shall be deemed to be carried out by the dominant entrepreneur.

Article 16. [ Total turnover of undertakings participating in the concentration] 1. Rotation referred to in art. 13 (1) 1, it includes the turnover of both traders directly involved in the concentration and other entrepreneurs belonging to the capital groups, to which the entrepreneurs belong directly to the concentration.

2. In the cases referred to in art. 13 (1) 2 points 2 and 4, the turnover referred to in Article 2 (2) and (4). 13 (1) 1, includes the turnover of traders acquiring control or acquiring part of the property and other entrepreneurs belonging to the capital groups to which those of the entrepreneur belong, and the turnover realised by the acquired part of the property or the economic operators over which the control and their subsidiaries are being taken over.

3. Rotation referred to in art. 13 (1) 1, also includes part of the business turnover:

1) on which entrepreneurs directly involved in the concentration or entrepreneur belonging to the capital groups, to which they belong to the entrepreneur directly involved in the concentration, exercise control together with another entrepreneur or businessmen-in proportion to the number of entrepreneurs in control. The provisions of the paragraph 1 shall apply mutatis mutandis;

2) who exercise jointly control of the capital group to which the entrepreneur belongs directly to the concentration, in proportion to the number of entrepreneurs exercising control. The provisions of paragraph 1 and paragraph. 1 shall apply mutatis mutandis.

4. Rotation referred to in art. Article 14 (1) covers the turnover of both the economic operator over whom the control is to be taken over and of the subsidiaries of the trader. If an entrepreneur on whom to take control or his/her subsidiaries exercise control over an entrepreneur jointly with another entrepreneur or entrepreneur, the provision of the paragraph. Paragraph 3 shall apply mutatis mutandis.

5. If, at the same time, or for a period of not more than 2 years:

1) take over control of at least two entrepreneurs belonging to the same capital group-the turnover referred to in art. Article 14 (1) covers the total turnover of all those traders as well as their subsidiaries;

2) an entrepreneur acquires parts of property belonging to another entrepreneur or entrepreneurs belonging to the same capital group-the turnover referred to in art. 13 (1) Article 2 (4) covers the total turnover realised by all these parts of property;

3) take over the control of the entrepreneur or entrepreneurs belonging to one group of capital and the acquisition of part of the property of the entrepreneur or of the entrepreneurs belonging to this capital group-the turnover referred to in art. Article 14 (1b) covers the total turnover of all traders concerned by the control and their subsidiaries and the turnover realised by all parts of property purchased.

Article 17. [ Delegation] The Council of Ministers will determine, by regulation, the way of calculating the turnover of entrepreneurs for the purpose of establishing the obligation to notify the intention to concentrate the President of the Office, taking into account the specificity of the business carried out by accounting rules relating to particular categories of entrepreneurs, including banks, insurers and investment funds.

Chapter 2

Decisions on concentrations

Article 18. [ Consent to concentration] The President of the Office, by decision, gives his consent to a concentration which will result in competition in the market not being significantly reduced, in particular by the creation or strengthening of a dominant position on the market.

Article 19. [ Conditions to be fulfilled before consent is given for the concentration] (1) The President of the Office, by decision, shall give his consent to the concentration when, once the undertakings intending to concentrate the conditions referred to in the paragraph have been fulfilled, the concentration is met. 2-competition on the market will not be significantly reduced, in particular by the creation or strengthening of a dominant position on the market.

(2) The President of the Office may, on the basis of an undertaking or of undertakings intending to concentrate, impose or accept an obligation on the undertaking concerned, in particular:

1) disposing of all or part of the assets of one or more entrepreneurs,

2) the challenge of the control of a particular entrepreneur or entrepreneur, in particular by disposing of a particular holding or holding, or a cancellation of the function of a member of a management or supervisory body of one or more entrepreneurs,

3) grant of exclusive rights licenses to a competitor

-by specifying in the decision referred to in paragraph 1. 1, the deadline for meeting the conditions.

3. In the decision referred to in paragraph. 1, the President of the Office imposes an obligation on the entrepreneur or entrepreneurs to submit, within a specified time limit, the information on the implementation of these conditions.

4. the President of the Office, at the request of the entrepreneur, on whom the obligation to meet the conditions set out in the paragraph is 2, it shall issue an order not to make available, until the date of fulfilment of those conditions, but not later than the expiry of the time limit for meeting them, the decision referred to in paragraph 1. 1, to the extent that these conditions are met. The order of the President of the Office shall not be entitled to a complaint.

5. In the case referred to in paragraph. 4, the President of the Office shall not publish and otherwise make public the decision within the scope set out in the paragraph. 4. To this end, the decision shall also not be subject to the provisions of the Act of 6 September 2001. on access to public information (Dz. U. of 2014 items 782 and 1662).

6. The issue of the provision referred to in the paragraph. 4, does not exclude the entrepreneur's information obligations specified in separate regulations.

Article 20. [ Exceptions to which the concentration is permissible in spite of the restriction of competition] (1) The President of the Office prohibits, by decision, the effect of a concentration which would result in a significant restriction on competition in the market, in particular by the creation or strengthening of a dominant position in the market.

(2) The President of the Office shall, by decision, issue an agreement to the effect that competition on the market will be substantially reduced, in particular by the creation or strengthening of a dominant position on the market, in the event that the withdrawal from the market is not the prohibition of concentration is justified, and in particular:

1. it will contribute to economic development or technical progress;

2) it may have a positive impact on the national economy.

Article 21. [ Repeal of consent to concentration] 1. The President of the Office may repeal the decisions referred to in art. 18, art. 19 (1) 1 and in Art. 20 para. 2 if they have been based on unreliable information for which they are responsible entrepreneurs participating in the concentration, or if the entrepreneurs do not meet the conditions referred to in art. 19 (1) 2 and 3. Should the decision be repealed, the President of the Office shall rule on the merits of the case.

2. Where, in the cases referred to in paragraph. 1, the concentration has already been made, and the restoration of competition on the market is not possible in any other way, the President of the Office may, by decision, specifying the time limit for its implementation under the conditions laid down in the decision, order in particular:

1) the division of the combined entrepreneur under the terms of the decision;

2) disposing of all or part of the entrepreneur's assets;

3) disposal of the shares or shares ensuring control of the entrepreneur or entrepreneurs or the termination of the company over which the entrepreneurs exercise joint control.

3. The decision referred to in paragraph. 2, may not be issued 5 years after the date of implementation of the concentration.

4. The provisions of the paragraph. 2 and 3 shall apply mutatis mutandis in the event of failure to notify the President of the Office of the intention to concentrate referred to in art. 13 (1) 1, and in the event of failure to implement the decision to prohibit the concentration.

Article 22. [ Expiry date for consent to concentration] 1. The decisions referred to in art. 18 and art. 19 (1) 1 or Art. 20 para. 2, they shall lapse if, within a period of 2 years from the date of their issue, the concentration has not been completed.

2. The President of the Office may, at the request of the entrepreneur participating in the concentration submitted not later than 30 days before the expiry of the period referred to in the paragraph. 1, extend, by way of order, that period by one year, if the trader shows that there has been no change in the circumstances by which the concentration may result in a significant restriction of competition on the market.

3. Before issuing an order to extend the term referred to in paragraph. (1) The President of the Office may carry out an investigation.

4. In the case of the issuance of the order of refusal of extension of the period referred to in paragraph. 1, the implementation of the concentration after the expiry of that period requires the notification of the intention to concentrate the President of the Office and obtain consent to its implementation on the basis and in the mode specified in the Act.

Article 23. [ Extension of the time limit for the resale of shares or shares] The President of the Office may, at the request of the financial institution, extend the time-limit referred to in Article 4 by means of a decision. Article 14 (2), if the institution proves that the resale of shares or shares was not in practice possible or economically justified before the end of the year from the date of their acquisition.

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@ZM1@Prohibition of illegal provisions in the @ZM2@ agreements

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@ZM1@Unpermitted provisions for the @ZM2@ agreement patterns

Art. 23a. [ Prohibition of prohibited contractual provisions in contract patterns] [ 2] The use in the design of contracts concluded with consumers of unauthorised contractual arrangements referred to in Article shall be prohibited. 385 1 § 1 of the Act of 23 April 1964 -Civil Code.

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@ZM1@Decisions in cases to declare a contract pattern as disallowed @ZM2@

Article 23b. [ Decision on the recognition of the provisions of the standard of the contract as not permitted and prohibiting its use] [ 3] (1) The President of the Office shall issue a decision on the recognition of the provisions of the standard of the contract as prohibited and prohibiting its use if it finds a breach of the prohibition laid down in Article. 23a. In the decision, the President of the Office cites the content of the provisions of the pattern of the agreement deemed not

2. In the decision referred to in paragraph. (1) The President of the Office may specify the means of removing the ongoing effects of the infringement referred to in Article 3. 23a, in particular to oblige the entrepreneur to:

1) to inform consumers, who are parties to the agreements concluded on the basis of the pattern referred to in paragraph. 1, the recognition of the provisions of this pattern as not permitted, as specified in the Decision;

2) the submission of a single or multiple statement of content and in the form specified in the decision.

3. In the decision referred to in paragraph. 1, the President of the Office may order publication of the decision in whole or in part, with an indication of whether the decision is final, in the form specified therein, at the expense of the entrepreneur.

4. The measures referred to in paragraph 1. 2, should be proportionate to the gravity and type of the infringement and necessary for the removal of its effects.

Art. 23c. [ Undertaking by the entrepreneur to perform the commitments] [ 4] 1. If the entrepreneur before the decision referred to in art. 23b ust. 1, undertake to take or abandon certain actions intended to end the infringement of the prohibition referred to in Article 23a, or the removal of the effects of that infringement, the President of the Office may, by issuing the decision referred to in Article 23b ust. 1, oblige the entrepreneur to carry out these commitments.

2. In the decision referred to in paragraph. The President of the Office may set a time limit for the performance of commitments

3. In the decision referred to in paragraph. 1, the President of the Office shall impose an obligation on the trader to submit information on the degree of performance of the commitments within the prescribed period

4. In the case of the decision referred to in the paragraph. 1, the provisions of Article 1 23b ust. 2 points 1 and art. 106 (1) 1 point 3a shall not apply.

(5) The President of the Office may, ex officio, annul the decision referred to in paragraph 1. 1, in the part concerning the obligations and impose the penalty referred to in art. 106 (1) 1 point 3a, where:

1) this decision was issued on the basis of untrue, incomplete or misleading information or documents;

2) the entrepreneur does not perform the obligations or obligations referred to in the paragraph. 1-3.

6. In the case referred to in paragraph. 5, the President of the Office may specify the means of removing the ongoing effects of the breach of the prohibition referred to in Article. 23b ust. 2. Article Recipe 23b ust. 3 shall apply.

(7) The President of the Office may, with the consent of the trader, annul the decision referred to in paragraph 1. 1, in the part concerning the obligations, where there has been a change in circumstances having a significant impact on the decision. The provisions of the paragraph 6 shall apply mutatis mutandis.

Art. 23d. [ Legal decision on recognition of the provisions of the standard of the contract as not permitted] [ 5] The final decision on the recognition of the provisions of the standard of the contract shall not be prohibited as a result of an undertaking which has been found to be subject to the application of an unlawful contractual provision and to all consumers who have concluded an agreement on the basis of a contract of law which is not permitted to the pattern indicated in the decision.

SECTION IV

Prohibition of practices infringing collective consumer interests

Chapter 1

Practices infringing collective consumer interests

Article 24. [ Practices violating collective consumer interests] 1. The use of practices infringing collective consumer interests shall be prohibited.

2. By a practice which infringes collective consumer interests, it shall be understood to be incompatible with the law or by the good customs behaviour of the trader, in particular: [ 6]

1) [ 7] (repealed);

2. breach of the obligation to provide reliable, true and full information to consumers;

3) unfair market practices or acts of unfair competition. 3. It is not the collective interest of consumers the sum of the individual interests of consumers;

4) [ 8] to propose to consumers the acquisition of financial services which do not meet the needs of those consumers determined taking into account the information available to the consumer in relation to the characteristics of those consumers or to propose the acquisition of such services in an inadequate manner to their character.

Article 25. [ Protection of the collective interests of consumers] [ 9] The protection of the collective interests of consumers provided for in the Act does not exclude the protection arising from other laws, in particular the provisions on counteracting unfair market practices and the rules on combating unfair competition.

Chapter 2

Decisions on practices infringing collective consumer interests

Article 26. [ Decision on recognition of practice as infringing collective consumer interests] (1) The President of the Office shall issue a decision on the recognition of a practice as infringing the collective interests of consumers and ordering the failure to apply it if it finds a breach of the prohibition laid down in Article 3. 24.

2. [ 10] In the decision referred to in paragraph 1. 1, the President of the Office may specify measures to remove the ongoing effects of infringement of the collective interests of consumers in order to ensure the execution of the order, in particular to oblige the entrepreneur to submit a single or multiple statement of the content and in the form specified in the decision.

3. [ 11] In the decision referred to in paragraph 1. 1, the President of the Office may order publication of the decision in whole or in part, with an indication of whether the decision is final, in the form specified therein, at the expense of the entrepreneur.

4. [ 12] The measures referred to in paragraph 1. 2, should be proportionate to the gravity and type of the infringement and necessary for the removal of its effects.

Article 27. [ The cessation of the practice of infringing collective consumer interests] 1. The decision referred to in Article shall not be issued. 26 if the trader ceases to apply the practice referred to in art. 24.

2. In the case referred to in paragraph. 1. The President of the Office shall issue a decision on the recognition of the practice as infringing the collective interests of consumers and stating that it will not be applied.

3. The burden of proof of the circumstances referred to in the paragraph. 1, it rests with the entrepreneurs.

4. [ 13] The provisions of Article 4 26 par. 2-4 shall apply mutatis mutandis.

Article 28. [ Imposition on an entrepreneur of the obligation to take or to refrain from certain actions] (1) If, on the basis of the circumstances of the case, the information contained in the notice referred to in Article 4 (1) is established in the course of proceedings against the collective interests of consumers, the information contained in the notice referred to in Article 4 (1 100 para. 1, or on the basis of the opening of the procedure, that the prohibition laid down in Article 1 of the Rules of Procedure has been violated. 24, and the trader, who is alleged to have infringed that prohibition, undertakes to take up or fail to take certain measures intended to end the infringement or to remove the effects thereof, the President of the Office may, by decision, oblige the entrepreneur to perform these obligations. Where an entrepreneur has ceased to violate the prohibition referred to in Article 24, and undertakes to remove the effects of this infringement, the first sentence shall apply accordingly.

2. [ 14] In the decision referred to in paragraph 1. 1, the President of the Office may set a deadline for the performance of commitments or require the entrepreneur to submit a single or multiple statement of content and in the form specified in the decision or to the publication of the decision in whole or in part at the expense entrepreneurs, with an indication of whether or not this decision is final.

3. In the decision referred to in paragraph. 1, the President of the Office shall impose an obligation on the trader to submit information on the degree of performance of the commitments within the prescribed period

4. In the case of the decision referred to in the paragraph. 1, art. 26 and 27 and Art. 106 (1) 1 point 4 shall not apply, subject to paragraph 1. 7.

(5) The President of the Office may, ex officio, annul the decision referred to in paragraph 1. 1, where:

1) it was issued on the basis of untrue, incomplete or misleading information or documents;

2) the entrepreneur does not perform the obligations or obligations referred to in the paragraph. 1-3.

(6) The President of the Office may, with the consent of the trader, annul the decision referred to in paragraph 1. 1, where there has been a change of circumstances which have a significant impact on the decision.

7. In case of repeal of the decision, the President of the Office shall adjudicate on the merits

CHAPTER V

Organisation of competition and consumer protection

Chapter 1

The President

Article 29. [ President of the Office] 1. The President of the Office shall be the central authority of the governmental administration competent in matters of protection of competition and consumers. The President of the Council of Ministers supervising the activities of the President of the Office

2. The President of the Office shall:

1) the body performing the tasks imposed on the authorities of the Member States of the European Union on the basis of art. 104 and art. 105 TFEU. In particular, the President of the Office shall be the competent competition authority within the meaning of the Article 35 of Regulation (EC) No 1/2003/EC;

(2) a single liaison office within the meaning of Regulation No 2006 /2004/EC and, within the scope of its statutory powers, shall be the competent authority referred to in Article 3 (1). 4 par. 1 of Regulation No 2006 /2004/EC.

3. The President of the Council of Ministers shall appoint the President of the Office from among the persons selected on the way of an open and competitive recruitment.

3a. The position of the President of the Office may occupant a person who:

1) holds a master's professional title or equivalent;

2) is a Polish citizen;

3) benefit from full public rights;

4) she was not convicted of a final sentence for a deliberate offense or a deliberate treasury offence;

5) has managerial competence;

6) have at least 6-year-old work placer, including at least 3-year-old seniority in the managerial position;

7) possesses an education and knowledge of the matters belonging to the properties of the President of the Office.

3b. Information about the position of the President of the Office shall be announced by placing the notice in a place which is widely available at the premises of the Office and in the Public Information Bulletin of the Office and the Public Information Bulletin of the Chancellery of the President of the Council Ministers. The notice shall include:

1. the name and address of the Office;

2. determination of the position;

3) requirements related to the position resulting from the provisions of law;

4) the scope of the tasks performed on the post;

5) an indication of the required documents;

6) deadline and place of submission of documents;

7. information on the methods and techniques of recruitment.

3c. The term referred to in paragraph 1. 3b, paragraph 6, shall not be less than 10 days from the date of publication of the notice in the Public Information Bulletin of the Chancellery of the Prime Minister.

3d. The recruitment for the position of the President of the Office shall be carried out by the team, appointed by the Head of the Chancellery of the Prime Minister under the authority of the Prime Minister, counting at least 3 persons, whose knowledge and experience give a guarantee of the best candidates. In the course of the selection, the applicant shall assess the applicant's professional experience, the knowledge necessary to carry out his duties as a recruitment, and the managerial competence.

3e. Assessment of the knowledge and managerial competence referred to in paragraph. 3d, may be made on the order of the team by a non-member of the team, who has the appropriate qualifications to make this assessment.

3f. Member of the team and the person referred to in paragraph. 3e, they have the obligation to keep in secret the information concerning applicants for the post obtained during the recruitment process.

3g. In the course of the selection, the panel will produce no more than 3 candidates, which will be presented to the Head of the Chancellery of the Prime Minister.

3h. The team shall draw up a protocol from the selection which shall include:

1. the name and address of the Office;

2) determining the position for which the recruitment was conducted, and the number of candidates;

3) forenames, surnames and addresses of no more than 3 of the best candidates ranked according to the level of meeting the requirements laid down in the announcement of the borderline;

4. information on the methods and techniques used for the recruitment;

5) justification of the choice made or the reasons for the nominee's failure;

6) composition of the team.

3i. The result of the recruitment shall be announced immediately by the inclusion of the information in the Public Information Bulletin of the Office and the Public Information Bulletin of the Chancellery of the Prime Minister. Information on the outcome of the recruitment shall include:

1. the name and address of the Office;

2) determination of the position for which the recruitment was conducted;

3) forenames, the names of the selected candidates and their place of residence within the meaning of the provisions of the Civil Code or information about the failure of the candidate.

3j. Setting up in the Public Information Bulletin of the Chancellery of the Prime Minister of the Council of Ministers announcement of recruitment and of the result of this recruitment is free of charge.

The President of the Council of Ministers shall refer the President of the Office. The President of the Office shall perform duties until the date of appointment of his successor.

5. (repealed)

6. The President of the Office shall perform his tasks with the assistance of the Office of Competition and Consumer Protection, hereinafter referred to as "the Office".

7. (repealed)

8. (repealed)

Article 30. [ Vice-Presidents of the Authority] 1. The President of the Council of Ministers shall appoint the Vice-Presidents of the Office from among the persons selected in the open and competitive recruitment. The President of the Council of Ministers shall refer the Vice Presidents of the Office at the request of the President

2. The team carrying out the recruitment of the posts referred to in paragraph. 1, the President of the Office shall appoint.

3. To conduct recruitment for the posts referred to in paragraph 1. 1, the provisions of Article 1 shall apply mutatis mutandis. 29 par. 3a-3j.

Article 31. [ Scope of action of the President of the Office] The President of the Office shall be the following:

1) to exercise control of compliance by entrepreneurs with the provisions of the Act;

2) [ 15] issuing decisions in cases of restrictive practices, in cases of concentration of traders, in cases of recognition of the provisions of the standard of the contract and in cases of practices infringing collective interests of consumers, as well as other the decisions provided for in the Act;

3) conducting research on the state of the concentration of economy and the behaviour of market entrepreneurs

4) preparing projects of government competition development programmes and government projects of consumer policy;

5. cooperation with national and international bodies and organisations, the scope of which is the protection of competition and consumers;

6. exercise of the tasks and competences of the competition authority of a Member State of the European Union as defined by Regulation No 1/2003/EC and in Regulation No 139 /2004/EC;

7. the exercise of the tasks and competences of the competent authority and of the single liaison office of the Member State of the European Union as defined in Regulation (EC) No 2006/2004/EC;

8) development and submission to the Council of Ministers of draft legislative acts concerning the protection of competition and consumers;

9) submitting to the Council of Ministers periodic reports on the implementation of the governmental competition development programmes and consumer policy;

10) cooperation with local government bodies, in the scope resulting from government consumer policy;

11) (repealed)

12) developing and publishing publications and educational programmes that popularise the knowledge of the protection of competition and consumers;

13) [ 16] the existence of competition and consumer protection for economic operators;

14) implementation of the international obligations of the Republic of Poland in the field of cooperation and exchange of information in matters of competition and consumer protection and public aid;

15) to collect and disseminate the case law on competition and consumer protection matters, in particular by means of the decision of the President of the Office on the website of the Office;

16) cooperation with the Head of the National Criminal Information Centre to the extent necessary for the implementation of its statutory tasks;

16a) cooperation with the Agency for the Cooperation of Energy Regulators, with the body responsible for regulating the economy of fuel and energy and the competent authority in matters of supervision of the financial market, to the extent necessary to perform the obligations arising from Regulation (EU) No 1227/2011 of the European Parliament and of the Council of 25 October 2011 on the integrity and transparency of the wholesale energy market (Dz. Urz. EU L 326, 08.12.2011, p. 1);

17) perform other tasks specified in the Act or separate laws.

Art. 31a. [ Explanations and interpretations] The President of the Office may issue and announce explanations and interpretations that are of significant importance for the application of the provisions on matters within the scope of the President of the Office. Explanations and interpretations are published in the Public Information Bulletin of the Office.

Article 31b. [ Publication of decisions issued on the basis of the provisions of the Act] [ 17] The President of the Office publishes on the website of the Office in its entirety the content of decisions issued on the basis of the provisions of the Act, with the proviso that the publication of the justification does not cover the business secrets as well as other Security based on separate regulations. The publication shall bear an indication of whether the decision is final.

Article 31c. [ Publication in public radio broadcasting] [ 18] The President of the Office may publish free of charge on public radio and television, in the form and time agreed with the relevant public service broadcasting body:

1) messages of behaviour or phenomena likely to constitute a significant threat to the interests of consumers;

2) information on which the order referred to in art was issued. 73a ust. 2.

Art. 31d. [ Presenting to the court relevant to the case of views on competition and consumer protection matters] [ 19] The President of the Office, if he considers that he is a public interest in this regard, shall provide the court with an important view on matters relating to the protection of competition and of consumers.

Article 32. (repealed)

Article 33. [ Composition and functioning of the Office] 1. The Office is composed of the Centre in Warsaw, the delegation of the Office in Bydgoszcz, Gdańsk, Katowice, Krakow, Lublin, Łódź, Poznań, Warsaw and Wrocław, and laboratories supervised by the President of the Office.

2. The Delegations of the Office shall direct the directors of the delegations.

3. The President of the Council of Ministers shall determine by way of regulation the local and factual property of the Delegations of the Office on matters within the scope of action of the President of the Office, taking into account the nature and number of cases occurring in the field.

4. The delegation of the Office, in addition to matters belonging to their jurisdiction, may deal with other matters submitted to them by the President of the Office.

(5) In duly justified cases, the President of the Office may take over, or transfer to, any other delegation of the Office or a matter which belongs to his property, he may refer the matter to the delegation of the delegation concerned.

6. Decisions and provisions in the matters of the jurisdiction of the delegations and in matters referred to the action by the President of the Office on the basis of the lips. 5 the directors of the delegations shall issue on behalf of the President of the Office.

Article 34. [ Organisation of the Office] The organisation of the Office shall determine the statutes given by the President of the Council of Ministers by way of order of order.

Article 35. [ Trade Inspection Task Request] 1. (repealed)

2. (repealed)

3. The President of the Office may order the Trade Inspection to carry out an inspection or carry out other tasks falling within the scope of its operation.

4. (repealed)

Article 36. (repealed)

Chapter 2

Local authorities and consumer organisations

Article 37. [ Other institutions performing tasks in the field of consumer interests protection] Tasks in the field of protection of consumers ' interests within the scope of the law and separate provisions shall also be carried out: local authorities, as well as consumer organisations and other bodies to which the statutory or statutory tasks belong to the protection of consumers ' interests.

Article 38. [ Local Government Tasks] The task of local government in the field of consumer rights protection is the pursuit of consumer education.

Article 39. [ Local Government Tasks] 1. The tasks of the district self-government in the scope of protection of consumer rights shall perform the district (urban) consumer spokesperson, hereinafter referred to as the "consumer spokesperson".

2. The compositions may, by agreement, create one common position of the consumer spokesperson.

Article 40. [ Consumer spokesperson] 1. With the consumer spokesperson, the employment relationship refers to the city's president or in the city's district rights.

2. A consumer spokesperson may be a person with higher education, in particular legal or economic, and at least five years of professional practice.

3. A consumer spokesperson is directly subordinated to the starost (the president of the city).

4. The Consumer Ombudsman is organised in the structure of the district starosty (the city's office), and in the districts above 100 thousand. A consumer spokesperson can carry out their tasks with the help of an isolated office in cities and towns within the district.

(5) The provisions of the Law of 21 November 2008 apply to the rest of the legal status of the consumer ombudsman. o-o-o-o-o- U. of 2014 items 1202).

Article 41. (repealed)

Article 42. [ Tasks of the consumer ombudsman] 1. The tasks of the Consumer Ombudsman shall be:

1) providing free of charge consumer advice and legal information in the protection of consumer interests;

2) the submission of proposals on the lawmaking and amendment of the provisions of local law on the protection of consumers ' interests;

3) the occurrence to entrepreneurs in matters of protection of the rights and interests of consumers;

4) co-operation with the competent local delegates of the Office, the Trade Inspection Authorities and consumer organisations;

5) perform other tasks specified in the Act or in separate regulations.

(2) A consumer spokesperson may, in particular, issue an action for the benefit of consumers and, with their consent, to enter into proceedings in matters of consumer interest protection.

3. A consumer spokesperson in cases of misconduct for the harm of consumers is a public prosecutor within the meaning of the provisions of the Act of 24 August 2001. -Code of Conduct on Offences (Dz. U. of 2013 r. items 395, z późn. zm.).

4. An enterprise to which a consumer spokesperson has been approached, acting on the basis of a paragraph. Article 1 (1) (1) (1) must give the Ombudsman an explanation and information which is the subject of the request and to comment on the Ombudsman's observations and opinions.

(5) The consumer spokesperson shall apply the provision of the Article. 63 of the Act of 17 November 1964. -Code of Civil Procedure.

Article 43. [ obligations of the consumer spokesperson] 1. A consumer spokesperson, by 31 March each year, shall submit an annual report to the President of the city for approval in the previous year and shall submit it to the competent local delegation of the Office.

2. (repealed)

3. A consumer spokesperson is obliged to keep the Office's delegations informed on an ongoing basis and to signal problems concerning the protection of consumers, which require action by the authorities of the government.

Article 44. [ National Consumer Spokesperson Council] 1. The President of the Office shall act as the National Council of Advocates of Consumers, hereinafter referred to as the "Council".

2. The Council is a permanent opinion-advisory body of the President of the Office on matters relating to the protection of consumer rights at the level of the district government.

3. The tasks of the Council shall be in particular:

1) presenting proposals for the directions of legislative changes in the provisions on the protection of consumers ' rights;

2. expressing an opinion on draft legislative acts or guidelines of the government's consumer policy;

3) express opinions in other consumer protection cases submitted to the Council by the President of the Office;

4) transmission of information concerning consumer protection, to the extent indicated by the President of the Office.

4. The Council consists of nine consumer ombudsmen, one of the properties of the local delegation of the Office of Competition and Consumer Protection.

5. The members of the Council shall appoint and dismiss the President of the Office. The appointment shall be made at the request of the directors of the delegations referred to in paragraph 1. 4, with the written consent of the recommended consumer spokespersons. In the event of the termination of the Ombudsman's duties, the Council's membership shall expire.

6. The Council's administrative support shall be provided by the Office.

7. The Office shall reimburse to the members of the Council the costs of journeys to the meetings of the Council, in accordance with the rules laid down in the provisions on the fees payable to a worker employed by a State or local government unit of the budget sphere for business travel in the country.

8. The working mode of the Council shall be determined by the Rules of Procedure established by the President

Article 45. [ Consumer organisations] 1. Consumer organisations shall represent the interests of consumers vis-vis the authorities of government and local government and may participate in the implementation of the government's consumer policy.

2. The organisations referred to in paragraph 2. 1, shall, in particular, have the right to:

1) express opinions on draft legal acts and other documents concerning the rights and interests of consumers;

2. developing and disseminating consumer education programmes;

3) perform tests of products and services and publish their results;

4) issuing periodicals, research papers, brochures and leaflets;

5) conduct free of charge consumer advice and provide free assistance to consumers in the investigation of their claims, unless the statutes of the organization provide that this activity is performed for consideration;

6. participation in standardization work;

7) realization of state tasks in the field of consumer protection, commissioned by the authorities of government and self-government administration;

8) to apply for grants from public funds for the implementation of the tasks referred to in point 7.

3. The authorities of government and local government are obliged to consult consumer organisations in matters concerning the directions of action for the protection of consumers ' interests.

Article 46. [ Height of annual target grants] Amount of annual special-purpose subsidies, within the meaning of public finance regulations, transferred from the state budget to the tasks referred to in art. 45 par. Article 2 (7) is set out in the budget law in the part of the budget of the State of which the President of the Office is at its disposal.

CHAPTER VI

Proceedings before the President of the Office

Chapter 1

General provisions

Article 47. [ Proceedings before the President of the Office] [ 20] 1. The proceedings before the President of the Office shall be carried out as an investigation procedure, antitrust proceedings, proceedings in the case for recognition of the provisions of the standard of the contract for disallowed or proceedings on practices infringing collective interests consumers.

2. The investigation may precede the initiation of antitrust proceedings, proceedings for the recognition of the provisions of the standard of the contract for disallowed or proceedings on practices infringing the collective interests of consumers.

Article 48. [ Explanatory proceedings] 1. The President of the Office may initiate from office, by way of order, the investigation procedure, if the circumstances indicate the possibility of infringement of the provisions of the Act, in cases concerning a particular branch of the economy, in matters concerning protection the interests of consumers and in other cases where the law so provides.

(2) The investigation may, in particular, be aimed at:

1) preliminary determination of whether there has been an infringement of the provisions of the law justifying the initiation of antitrust proceedings, including whether the case is antitrust;

1a) [ 21] the initial determination of whether there has been an infringement justifying the initiation of proceedings in respect of the recognition of the provisions of the standard of the contract;

(2) preliminary determination of whether there has been an infringement justifying the initiation of a proceeding concerning practices infringing the collective interests of consumers;

3) examination of the market, including the determination of its structure and degree of concentration;

4) a preliminary determination of the existence of an obligation to notify a concentration

(5) determine whether a breach of the legitimate interests of consumers has been infringed justifying the taking up of the measures set out in the separate laws.

3. The completion of the investigation procedure shall be followed by an order.

(4) The investigation procedure should not last for more than 4 months and in cases of particularly complicated matters, not more than five months from the date of its initiation.

5. In the case referred to in paragraph. Article 2 (2), point 3, paragraph 3 4 and Art. 35 of the Act of 14 June 1960. -The Code of Administrative Procedure (Dz. U. of 2013 r. items 267 and from 2014. items 183 and 1195) does not apply.

Article 49. [ Antimonopoly proceedings] 1. [ 22] Antitrust proceedings in cases of restrictive practices, proceedings in cases of practices infringing collective interests of consumers, proceedings in matters of recognition of the provisions of the standard of the contract as not permitted and in matters of overlapping financial penalties shall be initiated by the public authority.

2. Antimonopoly proceedings in matters of concentration shall be initiated upon request or ex officio.

Article 49a. [ Occurrence to an entrepreneur in competition and consumer protection matters] [ 23] 1. The President of the Office, without initiating the proceedings, may apply to the entrepreneur in matters of protection of competition and consumers.

2. An entrepreneur, to whom the President of the Office has referred, may, within the time limit specified by the President of the Office, refer the position in the case to which the speech relates.

3. The term referred to in paragraph 2, shall not be less than 14 days from the date of receipt by the entrepreneur of the occurrence.

Article 50. [ Obligations of entrepreneurs] 1. Entrepreneurs shall be obliged to transmit all necessary information and documents at the request of the President of the Office.

2. The request referred to in paragraph 2. 1, it shall contain:

1) an indication of the scope of information

2) indicate the purpose of the request;

3) an indication of the timing of the information;

4) instructing the sanctions for failure to provide information or for providing information that is not true or misleading.

3. Everyone has the right to submit in writing, either on his own initiative or at the request of the President of the Office-explanations concerning the relevant circumstances of the case.

Article 51. [ Evidence in proceedings before the President of the Office] 1. The proof of the document in the proceedings before the President of the Office may be only the original of the document or its copy certified by a body of public administration, notary, advocate, legal counsel, tax adviser, patent ombudsman or an authorised employee of the trader.

2. The evidence in the proceedings before the President of the Office is the document drawn up in the Polish language, subject to the paragraph. 3.

3. If the document has been drawn up in a foreign language, it shall also be submitted by a sworn translator's translation into the Polish language of that document or its part intended to constitute evidence in the case.

Article 52. [ Obligations of Parties] 1. The party, referring to the evidence from witnesses, shall be obliged to indicate the facts to be confirmed by the testimonies of individual witnesses, and to provide the data enabling the witness to be properly called.

2. The President of the Office, in calling the witness, shall state in a summons the name, the name and place of residence of the requested person, the place and time of submission of the explanations, shall specify the parties and the subject matter of the case and shall indicate the provisions on criminal liability for making false statements.

Article 53. [ Minutes of witness interrogation] 1. The testimony of the witness, after writing to the protocol, shall be read to him and, according to the circumstances, on the basis of his remarks supplemented or corrected.

2. The protocol of interrogation of the witness shall be signed by the witness and conducting the hearing of the

Article 54. [ Consultation of the expert] (1) In cases involving special messages, the President of the Office shall, after having heard the requests of the parties as to the number of experts and their choice, call on one or more experts to seek their opinion.

2. The poor, within the meaning of the mouth. 1, there may also be a legal person specialized in a given field.

Article 55. [ Exemption of expert] A party may request the exemption of an expert for reasons which may be required to exclude an employee of the Office for the completion of an expert's task. A party submitting an application for the exclusion of an expert after the commenction of an action shall be required to establish that the reason justifying the exemption arose later or that it had not been known before.

Article 56. [ Showing the expert record of the case and the object of the visual inspection] The President of the Office may order the presentation of an act of the case and the subject of a visual inspection. The provisions of Article 4 71 (1) 1 shall apply mutatis mutandis.

Article 57. [ Opinion of the expert] (1) The expert opinion shall state the reasons for it.

2. The Biegli may submit a total opinion.

Article 58. [ Remuneration of the expert] (1) The President of the Office shall grant the expert remuneration in accordance with the provisions on the costs of carrying out evidence from the expert's opinion in the proceedings, subject to paragraph. 3.

(2) The President of the Office may impose on the party which has submitted an application for proof from the expert's opinion, the obligation to pay an advance on the expenditure of the expert.

(3) If no decision has been given to the application of a practice restricting competition or infringing collective interests of consumers, the costs of the expert's remuneration shall be borne by the State Treasury.

Article 59. [ Opinion of the Scientific Unit] 1. The President of the Office may request the issue of an opinion to a scientific unit within the meaning of the provisions on the rules of financing of science.

2. In the opinion, the entity shall indicate the person or persons who carried out the research and issued an opinion.

3. Rules of Art. 54-58 shall apply mutatis mutandis.

Article 60. [ Dislaw in the course of the proceedings] (1) The President of the Office may carry out a hearing in the course of the proceedings.

2. The exercise referred to in paragraph. 1, shall be overt, subject to paragraph. 4.

(3) The President of the Office may request the hearing and the hearing of the parties, witnesses and the expert's opinion.

4. The exercise referred to in paragraph. 1, it is implicit if the information constituting the business secrets is considered during it, as well as other secrets to be protected on the basis of separate regulations. The provisions of Article 4 153 and 154 of the Act of 17 November 1964. -The Code of Civil Procedure shall apply mutatis mutandis.

Article 61. [ Help of the District Court] The President of the Office may request the hearing of witnesses or to consult the competent local district court if he or she speaks for that nature of the evidence, or of serious inconvenience or a significant amount of the costs of carrying out the evidence. The President of the Office, by asking the court to carry out the proof, shall issue a provision in which it sets out:

1) the court to carry out the proof;

(2) the probative measure;

3) the facts subject to the statement.

Article 62. (repealed)

Article 63. (repealed)

Article 64. (repealed)

Article 65. (repealed)

Article 66. (repealed)

Article 67. (repealed)

Article 68. (repealed)

Article 69. [ Restriction of inspection of evidence] (1) The President of the Office may, on request or ex officio, by order, to the extent necessary to limit the right of access to the evidence attached to the case file, if the making available of the material would threaten the disclosure of the secret companies as well as other secrets subject to protection on the basis of separate regulations.

2. The restriction referred to in paragraph 2. 1, also applies to materials included in the proceedings under the art. 73 (1) 5.

3. To the order issued on the basis of the paragraph. 1 shall be entitled to a complaint.

4. The request for restriction of the right of access to the evidence shall consist, together with the justification, and the version of the document which does not contain the information subject to the restriction referred to in paragraph 1. 1, with the appropriate annotation.

4a. If the application does not meet the requirements set out in paragraph. 4, the President of the Office calls upon the applicant to complete his/her appointment within the prescribed If the version of the document referred to in paragraph is not submitted within the prescribed time limit. 4, the application shall be left unrecognizable.

5. [ 24] The parties and interested parties concerned shall make available evidence that does not contain the information subject to the restriction referred to in paragraph 1. 1, with the appropriate annotation.

Article 70. [ Providing information and evidence] 1. All information and evidence obtained by the President of the Office in connection with the application of art. 89a and art. 113a-113k, including information on the occurrence of the entrepreneur or the person managing the waiver of the monetary penalty, or the reduction thereof, and the information obtained in the procedure of voluntary surrender to the monetary penalty, shall not be made available, subject to paragraph. 2 and 3.

(2) The President of the Office shall make available to the parties the information and evidence referred to in the paragraph. 1, before the decision is issued.

3. The provision of the paragraph. 1 shall not apply where the trader or the managing person requesting the withdrawal of the monetary penalty or the reduction or the entrepreneur or the managing person acceding to the procedure for voluntary surrender is subject to the the monetary penalty shall give written consent to provide the information and evidence referred to in paragraph 1. 1.

4. Documents containing information and evidence of the nature of the declaration by the trader or the person managing the waiver of the penalty payment or reduction thereof, and the entrepreneur or the managing person acceding to the The procedure for the voluntary submission of the monetary penalty may be copied by the party only if the trader or the managing person has agreed to the written consent.

5. From the information and evidence referred to in the mouth. 4, handwritten notes may be drawn up unless the party making it undertakes to use the information obtained in this manner solely for the purposes of proceedings pending before the President of the Office or the proceedings before the court of law of the the result of an appeal in the case.

6. The information and evidence referred to in the paragraph. 1, shall not be subject to the provision of the provisions of the Act of 6 September 2001. access to public information.

Article 71. [ Obligation of protection of company secrecy and information] 1. The employees of the Office shall be obliged to protect the secrecy of the company, as well as other information, subject to protection on the basis of the separate provisions, about which the message was received in the course of the proceedings.

2. The provision of the paragraph. 1 shall not apply to information commonly available, information about the initiation of proceedings and information on the decision to terminate the proceedings and their findings.

3. The provisions of the paragraph. 1 and 2 shall also apply to the employees of the Trade Inspection and other persons involved in the inspections referred to in Article 3. 105a ust. 2.

Article 72. [ Obligation of public administration bodies] Public administration bodies shall be obliged to make available to the President of the Office the files in their possession and the information relevant to the proceedings pending before the President of the Office.

Article 73. [ Information obtained in the course of the procedure] 1. Information obtained in the course of proceedings may not be used in other proceedings conducted on the basis of separate provisions, subject to the paragraph. 2-4.

2. Paragraph Recipe 1 not applicable:

1) criminal proceedings conducted in public-carceration or karno-skarbowego;

2) other proceedings conducted by the President of the Office;

3) exchange of information with the European Commission and the competition authorities of the Member States of the European Union pursuant to Regulation No 1/2003/EC;

4) the exchange of information with the European Commission and the competent authorities of the Member States of the European Union pursuant to Regulation No 2006 /2004/EC;

5. to communicate to the competent authorities information which may indicate a breach of separate provisions.

3. The President of the Office shall make available to the regulatory authorities in the field of the market for telecommunications and postal services and the economy of fuels and energy, hereinafter referred to as the "regulatory authorities", information, including the results of research and market analyses, necessary in proceedings conducted by those authorities, with the exception of:

(1) on which the obligation of confidentiality is due to international obligations, in particular information obtained in the course of proceedings initiated pursuant to Article 3 (1) of Regulation (EC) No EC 101 or art. 102 TFEU;

2) obtained in connection with the application of art. 89a and art. 113a-113k.

4. Regulatory bodies shall be obliged to protect information obtained from the mouth. 3, in particular, the information may not be used in proceedings other than those conducted by the regulatory authorities. The provisions of Article 4 69 and 71 shall apply mutatis mutandis.

(5) Information obtained in the course of proceedings from the competition authority of a Member State of the European Union may be used in the course of that procedure under the conditions under which they have been transferred by that authority, including non-use. information to impose sanctions on specific persons.

(6) The President of the Office shall inform the parties of the evidence of the information obtained in the course of any other proceedings which he has carried out.

Article 73a. [ Disclosure to the public of information on the violation of the collective interests of consumers by the trader] 1. If the information gathered in the course of the proceedings on practices infringing the collective interests of consumers shows that there is a particularly reasonable suspicion that an entrepreneur is allowed to practice infringing collective interests consumers, which may cause significant losses or adverse effects on a wide range of consumers, the President of the Office shall make public, including on the website of the Office, information collected in the course of the proceedings concerning this behaviour and its probable effects.

2. The interpretation of the information referred to in the paragraph shall be made public. 1, shall be made by way of order. The order of the party serves the purpose of grieging.

Article 74. [ Incorporation of charges] The President of the Office, when issuing the decision terminating the proceedings, shall take into account only the allegations to which the parties may have responded.

Article 75. [ Closure of proceedings] 1. The President of the Office shall be terminated by order, in the case of:

1) withdraw the notification of the intention to concentrate entrepreneurs;

2) the non-imposition of the monetary penalty referred to in Article 106 (1) 2, art. 107 and 108;

3) taking over the case by the European Commission on the basis of the provisions of Community law.

(2) The President of the Office may, by way of order, remit the proceedings in the event of a case settlement by the competent competition authority of a Member State of the European Union.

Article 76. [ Failure to initiate the procedure] It shall not be initiated, subject to Article 4. 93, art. 99f and art. 105, proceedings, if 5 years have elapsed since the end of the year in which: [ 25]

1) violations of the provisions of the Act have been permitted;

(2) the decision to impose a monetary penalty has been authorised.

Article 77. [ Costs of Conduct] 1. If, as a result of the proceedings, the President of the Office found a breach of the provisions of the Act, the entrepreneur who committed this infringement and the managing person referred to in art. 6a, are required to bear the costs of the proceedings.

(2) In duly justified cases, the President of the Office may impose on the party the obligation to reimburse only a part of the costs or not to charge its costs.

Article 78. [ Reimbursement obligation of unmoderated or improper conduct] The President of the Office may, irrespective of the outcome of the case, impose on the party the obligation to pay back the costs caused by its unmoderated or, of course, the wrong conduct, and in particular the costs arising as a result of the evasion or submission of the costs explanations of the untruthful, conceit or late appointment of evidence.

Article 79. [ The costs of opinions of experts and scientific units] The costs of the necessary opinions of experts and scientific entities within the meaning of the rules on the rules on the financing of science in matters of concentration shall be borne by the undertakings participating in the concentration

Article 80. [ Cost Resolution] The President of the Office shall decide on the costs, by way of a decision, which may be included in the decision terminating the proceedings.

Article 81. [ Contribution of the appeal] 1. The decision of the President of the Office shall be entitled to appeal to the District Court in Warsaw-the competition and consumer protection court, hereinafter referred to as the "competition court and consumers", within one month from the date of its service.

2. In the case of an appeal against the decision, the President of the Office shall forward it together with the file of the case to the competition and consumer protection court immediately, not later than within 3 months from the day of the appeal.

(3) If the President of the Office considers the appeal to be right, he may, without transmitting the file to the court, annul or amend his decision in whole or in part, as soon as he notifies the party, by sending it a new decision from which the party shall be entitled to appeal. By repealing or amending the decision, the President of the Office shall state at the same time whether or not that decision has been taken without a legal basis or a flagrant violation of the law.

3a. In the event of an appeal against the decision, taking into account the final position of the party on voluntary submission of the monetary penalty, the President of the Office, without passing the file to the court, in the event of:

1. recognition of the appeal is correct:

(a) repeals its decision in accordance with the rules laid down in the paragraph 3 or

(b) amend its decision in whole or in part in accordance with the rules laid down in the paragraph. 3, also changing it in terms of the penalty payment; the penalty payment shall be imposed in the amount in which it would have been imposed if the party did not voluntarily give up the monetary penalty;

2) failure to consider the appeal to be right-changes its decision in the field of the monetary penalty, setting it up in the amount in which it would be imposed if the party did not voluntarily give up the monetary penalty, as soon as it notifies the party, sending it the new decision from which the appeal is entitled.

4. Prior to the transfer of the appeal to the competition and consumer protection court, or to repeal or amend the decision on the basis of the mouth. 3 or 3a, the President of the Office may also, in duly justified cases, carry out additional steps to clarify the pleas raised in the appeal.

5. To the provisions of the President of the Office for which the complaint is entitled, the provisions of the paragraph. 1-3 and 4 shall apply mutatis mutandis, except that the complaint shall be lodged within a period of one week from the date of service of the order.

Article 82. [ Exclusion of provisions of the Code of Administrative Procedure] 1. From the decision of the President of the Office of the Party shall not have the legal means to withdraw the decisions provided for in the Code of Administrative Procedure, concerning the resumption of proceedings, repeal, amendment or annulment of the decision.

2. Paragraph Recipe 1 shall apply mutatis mutandis to the provisions of the President of the Office.

Article 83. [ Application of provisions of the Code of Administrative Procedure] In cases not regulated in the Act before the President of the Office, the provisions of the Act of 14 June 1960 shall apply. -Code of administrative behaviour, subject to Article 84.

Article 84. [ Application of the provisions of the Civil Procedure Code] In cases relating to evidence in proceedings before the President of the Office in the field of unregulated matters, the provisions of this Chapter shall apply mutatis mutandis. 227-315 of the Act of 17 November 1964. -Code of Civil Procedure.

Article 85. [ Application of provisions of the Act] The provisions of this chapter shall apply mutatis mutandis in cases of imposition of fines for infringement of the provisions of the Act.

Chapter 2

Antitrust proceedings in cases of restrictive practices

Article 86. [ Notice concerning suspected application of restrictive practices] 1. Everyone may submit to the President of the Office in writing a notice concerning the suspicion of the application of restrictive practices accompanied by a justification.

2. The notice referred to in paragraph 2. 1, may include in particular:

(1) an indication of the trader who is alleged to have applied a restrictive practice;

2. a description of the facts on which the notification is based;

3) an indication of the provision of the Act or TFEU, the violation of which is alleged by the notifying notification;

4) prima facie evidence of infringement of the provisions of the Act or of the TFEU;

5) data identifying the notifiers notice.

3. The notification shall be accompanied by any documents which may constitute evidence of infringement of the provisions of the Act.

(4) The President of the Office shall communicate the notification to the notifier within the time limit laid down in Article 35-37 of the Act of 14 June 1960. -Code of administrative proceedings, information in writing on the manner in which the notification was processed and the reasons for it.

Article 87. [ Cases in which antitrust proceedings may not be initiated] 1. President of the Office, in accordance with art. 11 (1) 6 of Regulation (EC) No 1/2003/EC, without initiating antitrust proceedings, where:

1. The European Commission shall conduct proceedings in the same case;

2) the case has been resolved by the European Commission.

2. The President of the Office, in accordance with art. 13 of Regulation (EC) No 1/2003/EC, may not initiate antitrust proceedings where:

1. the competent competition authority of another Member State of the European Union shall conduct proceedings in the same case;

2) the case has been resolved by the competent competition authority of another Member State of the European Union.

3. Where, in the case referred to in paragraph. Article 2 (1), the President of the Office has initiated antitrust proceedings in the case, may, by way of order, stay the proceedings until the competent competition authority of another Member State of the European Union has been able to resolve it.

Article 88. [ Parties to the proceedings] 1. The party to the proceedings shall be any person to whom the proceedings concerning restrictive practices have been initiated.

(2) The President of the Office shall issue an order to initiate the antitrust procedure and shall inform the parties accordingly.

3. In the cases of agreements restricting competition referred to in Article 6 para. 1 points 1-6 of the Act or in Article 101 (1) 1 litas (a) TFEU, the President of the Office initiates one antitrust procedure in the case:

1) the violation by the trader of the prohibition set out in those provisions;

2) the authorisation by the managing person for the infringement by the trader of that prohibition.

4. Paragraph Recipe 3 shall also apply where the President of the Office has received a message of circumstances indicating the authorisation by the managing person to infringe the prohibitions laid down in Article 3 of the EC Convention. 6 para. 1 points 1-6 of the Act or in Article 101 (1) 1 litas a-e TFEU after the initiation of antitrust proceedings for breaches of these prohibitions by the trader.

Article 89. [ Undertaking by the entrepreneur to refrain from specific actions to prevent threats] (1) If, in the course of antitrust proceedings, it is prima facie evidence that the continued application of the alleged practice could lead to serious and difficult to remove the threat to competition, the President of the Office before the end of the antitrust procedure may, by decision, oblige the trader, who is alleged to have applied the practice, to refrain from certain actions in order to prevent these risks. The lodging of the appeal shall not suspend the execution of the decision. Prior to the adoption of a decision, the party shall not have the right to comment on the evidence and material collected and the requests made, as referred to in Article 4 (1) of the 10 of the Act of 14 June 1960. -Administrative Code of Conduct.

2. In the decision referred to in paragraph. 1, the President of the Office shall determine the duration of its validity That decision shall be in force no longer than until the decision terminating the proceedings is taken.

(3) The President of the Office may extend, by means of a decision, the duration of the decision referred to in paragraph 1. 1. Paragraph Recipe The second sentence shall apply mutatis mutandis.

4. [ 26] In the decision referred to in paragraph 1. 1, the penalties referred to in Article shall not be imposed. 106 (1) 1 (1) and (2).

5. [ 27] Where an appeal is lodged against the decision referred to in paragraph 1. 1, the President of the Office shall forward it together with the file of the case to the court within 10 days from the date of receipt of the appeal.

6. [ 28] The Court of Competition and Consumer Protection shall recognize the appeal within 2 months from the date of referral by the President of the Office.

Art. 89a. [ Voluntary subjection to the monetary penalty] 1. Prior to the completion of the antitrust proceedings, the President of the Office may request, ex officio or at the request of the party, to all parties with a proposal to accede to the procedure of voluntary submission to the monetary penalty, if it considers that the application of this the procedure will help to speed up the proceedings.

2. In the event of a party with the application referred to in paragraph. The President of the Office shall, within 14 days, inform that party of the initiation or refusal of a procedure for the voluntary surrender of a monetary penalty.

3. In the case of application of the procedure referred to in paragraph. 1, the amount of the monetary penalty that may be imposed on the party to which the final position referred to in the paragraph is concerned. 7, is taken into account in the content of the decision, is reduced by 10% in relation to the monetary penalty that would have been imposed on the basis of art. 106 (1) 1 points 1 or 2 or art. 106a ust. 1 if the party does not voluntarily give up punishment.

4. The Party shall submit a position to the proposal of the President of the Office referred to in the paragraph. 1, within 14 days from the date of its service.

5. In the case of consent to accession to the voluntary surrender procedure, the President of the Office shall inform the party which has expressed this consent, the preliminary findings of the antitrust proceedings concerning it and of the envisaged content decisions, including the amount of the monetary penalty reduced in accordance with the paragraph. 3 to be applied to the party imposed on the basis of art. 106 (1) 1 points 1 or 2 or art. 106a ust. 1, as well as the consequences of the lodging of an appeal pursuant to Article 3. 81 (1) 3a. The provisions of the paragraph 4 shall apply mutatis mutandis.

(6) The President of the Office shall, after hearing the position of the party, re-communicate the information to the extent referred to in paragraph 1. 5, taking into account the information and evidence presented by it. The provisions of the paragraph 4 shall apply mutatis mutandis.

7. After hearing the position of the party to the information referred to in the paragraph. 6, the President of the Office shall invite her to seize within the prescribed period of not less than 14 days, the final position on the voluntary surrender of the monetary penalty.

8. The final position referred to in paragraph. 7, includes a statement from the party on voluntary submission of the monetary penalty and the confirmation of:

1) the amount of the penalty payment accepted by the party;

2) to inform the party about the alleged breaches and to allow the position to be taken, and to instruct the party about the consequences of the lodging of the appeal resulting from the Article. 81 (1) 3a.

(9) The President of the Office shall take account of the final position referred to in paragraph 1. 7, in the content of the decision referred to in art. 10, subject to paragraph. 10 and 11.

(10) The President of the Office may derogate from the procedure for the voluntary surrender of a monetary penalty at any stage if it considers that its application does not contribute to speeding up the proceedings, as soon as it informs the party concerned. participating in this procedure.

11. The party may depart from participation in the procedure of voluntary surrender of the monetary penalty at each stage, informing the President of the Office.

12. All information and evidence obtained by the President of the Office in connection with the application of the procedure of voluntary submission to the monetary penalty, having the character of a statement of the party participating in this procedure, shall not be used as proof in the conduct of the proceedings, in other proceedings conducted by the President of the Office and in proceedings carried out on the basis of separate provisions-in the cases referred to in paragraph. 10 or 11.

Article 90. [ Immediate feasibility of the rigor] The President of the Office may give the rigor the immediate enforceability of the decision, in whole or in part, if the protection of competition or the important interest of consumers so require.

Article 91. [ Searching] 1. If there are reasonable grounds to believe, that in the dwelling or any other room, property or means of transport are stored objects, records, books, documents and IT media in Whereas the meaning of the provisions on computerisation of the activities of entities carrying out public tasks which may affect the determination of the facts relevant to the conduct of the proceedings, the court of protection of competition and of consumers may, upon request of the President of the Office, give your consent to conduct a search, including for the accomplishing of the class objects liable to be evidence in the case, by police officers. The provisions of Article 4 105n ust. 3 and 4 shall apply mutatis mutandis.

2. In the search referred to in paragraph. 1, shall also take part an authorized employee of the Office or other persons referred to in art. 105a ust. 2.

3. Police, at the order of the competition and consumer protection court, shall carry out the activities referred to in the paragraph. 1.

4. On an unregulated matter in the law to the search referred to in the paragraph. 1, the provisions of the Act of 6 June 1997. -Code of Criminal Procedure (Dz. U. Nr. 89, pos. 555, z późn. zm.) applicable to the search apply accordingly.

Article 92. [ Antimonopoly Conduct Time] Antitrust proceedings in cases of restrictive practices should be terminated no later than 5 months from the date of its initiation. The provisions of Article 4 35-38 of the Act of 14 June 1960. -The Code of Administrative Procedure shall apply mutatis mutandis.

Article 93. [ Expiration] (1) No proceedings shall be initiated on restrictive practices, if 5 years have elapsed since the end of the year in which they ceased to apply.

2. The proceedings concerning restrictive practices shall not be initiated against the managing person if, from the end of the year in which the conduct referred to in Article 4 has ceased to be maintained, 6a, 5 years have elapsed.

Chapter 3

Antitrust proceedings in cases of concentration

Article 94. [ Notification of intent to concentrate] 1. The party to the proceedings is anyone who reports, in accordance with the mouth. 2, the intention to concentrate.

2. The notification of the intent of concentration shall:

1) jointly connecting entrepreneurs-in the case referred to in art. 13 (1) 2 point 1;

2) the entrepreneur acquiring control-in the case referred to in art. 13 (1) 2 point 2;

3) jointly all the entrepreneurs involved in the creation of the common entrepreneur-in the case referred to in art. 13 (1) 2 point 3;

4) an entrepreneur acquiring a part of the property of another entrepreneur-in the case referred to in art. 13 (1) 2 point 4.

(3) Where a concentration is carried out by a parent undertaking through at least two dependent undertakings, the declaration of intent to that concentration shall be made by the parent undertaking.

4. From the requests for the initiation of antitrust proceedings in cases of concentration of the entrepreneur, payment of the fee. If, together with the application submitted, the fee is not paid, the President of the Office calls upon the applicant to pay the fee within 7 days, with the instructing that the non-payment of the fee will leave the application without consideration.

4a. The fees referred to in paragraph 4, they shall not be repaid in the event of repayment of an application for the initiation of antitrust proceedings in cases of concentration or remission of proceedings.

5. The fees referred to in paragraph. 4, constitute the revenue of the State budget.

6. The Council of Ministers shall determine by way of regulation:

(1) the specific conditions to be met by the notification of the intention to concentrate, including a list of the information and documents which it should contain, taking into account the specificity of the activities carried out by the various types of operators, in particular by financial institutions;

2) the amount of the fees referred to in paragraph. 4, and the mode of their payment, bearing in mind that they do not constitute a barrier to business in the area of concentration.

Article 95. [ Powers Of The President Of Office] 1. President of the Office:

1) return the notification of the intention to concentrate entrepreneurs, if the intention to concentrate is not subject to notification;

2) may return, within 14 days, the notification of the intention to concentrate the entrepreneurs, if it does not meet the conditions to which it should correspond;

3) may request the applicant to concentrate to remedy the identified deficiencies in the notification or to supplement the necessary information in it within the prescribed time limit;

4) may return the notification of the intention to concentrate the business if, despite the call on the basis of point 3, the applicant's intention to concentrate does not remove the identified deficiencies or does not complete the information within the prescribed period.

2. (repealed)

Article 96. [ Antimonopoly Conduct on concentrations] 1. Antimonopoly proceedings in cases of concentration should be completed within one month from the date of its initiation.

2. To the term referred to in paragraph. 1 shall not include waiting periods for:

1) filing the notification by the other participants of the concentration;

2) to remedy the deficiencies or to supplement the information referred to in art. 95 (1) 1 point 3;

3) the payment of the fee referred to in art. 94 par. 4.

Art. 96a. [ Prolongation of the procedure] 1. In cases:

1) especially complicated,

2) as to which of the information contained in the notification of the intention to concentration or other information, including those obtained by the President of the Office in the course of the proceedings, it follows that there is a reasonable likelihood of significant restriction of competition on the market as a result of a concentration or

3) requiring market investigation

-the deadline for termination of the proceedings shall be extended by 4 months.

2. In the cases referred to in paragraph. 1 The President of the Office shall extend the time limit for termination of the proceedings by means of a provision not entitled to a complaint. The order requires justification.

(3) In cases where there is a reasonable likelihood of a significant restriction of competition on the market as a result of the concentration, the President of the Office shall present to the undertaking or to the undertakings participating in the concentration a reservation with respect to that concentration. The statement of objections requires justification.

4. The entrepreneur may address the reservations within 14 days from the date of their service. The President of the Office shall, on a reasoned request by the trader, extend that period by not more than 14 days.

(5) The President of the Office may present to the undertakings or undertakings participating in the concentration the conditions referred to in Article 3. 19 (1) 2. Paragraph Recipe 4 shall apply mutatis mutandis.

6. An entrepreneur participating in the concentration may present the conditions referred to in art. 19 (1) 2, and commit themselves to meet them. These conditions may also be presented in the position of the entrepreneur concerning the conditions proposed by the President of the Office.

7. The absence of the entrepreneur's position, his negative position as to the conditions presented by the President of the Office or the failure to accept by the President of the Office the conditions presented by the entrepreneur give rise to the decision referred to in art. 20 para. 1.

8. To the term referred to in paragraph. 1 shall not include waiting periods for:

1) to remedy the deficiencies or to supplement the information referred to in art. 95 (1) 1 point 3;

2) to respond to the reservations made by the President of the Office, referred to in paragraph 1. 3, or the conditions referred to in art. 19 (1) 2.

9. In the case of the presentation by the entrepreneur of the conditions referred to in art. 19 (1) 2, the term referred to in paragraph 2. 1 shall be extended by 14 days.

Article 97. [ Hold of the concentration until the President of the Office has issued a decision or expiry of the time limit] 1. Entrepreneurs whose intention to concentrate is subject to notification shall be obliged to refrain from making the concentration until the time of the President of the Office of the decision or the expiry of the period for which the decision should be issued.

2. The legal action on the basis of which the concentration is to take place may be made subject to the issuance by the President of the Office, by decision, consent to the concentration or expiry of the time limits referred to in art. 96 or in art. 96a.

Article 98. [ Realization of a public offer to buy or replace shares] It shall not constitute an infringement of the obligation referred to in Article 4. 97 ust. 1, the execution of the public offer of purchase or conversion of shares, notified to the President of the Office on the basis of art. 13 (1) 1 if the purchaser does not exercise the right to vote arising from the acquired shares or does so solely to maintain the full value of its capital investment or to prevent serious injury which may arise in the entrepreneurs participating in concentration.

Article 99. [ Breakdown of entrepreneur by decision] In the event of failure to comply with the decision referred to in Article 21 (1) 1 or 4, the President of the Office may, by decision, make a division of the entrepreneur. The provisions of Article 4 (1) shall apply mutatis mutandis. 528-550 of the Act of 15 September 2000. -Code of Commercial Companies (Dz. U. of 2013 r. items 1030, with late. zm.). The President of the Office shall enjoy the powers of the bodies of the companies involved in the The President of the Office may also apply to the court to annul the contract or to take other legal measures aimed at restoring the previous state.

@ZM1@Chapter 3a @ZM2@

@ZM1@Proceedings in cases to consider the terms of a contract pattern as disallowed @ZM2@

Article 99a. [ Notice of suspected breach of the prohibition] [ 29] 1. Consumer, consumer spokesperson, Usecure spokesperson, consumer organization or foreign organization entered on the list of organisations authorised in the countries of the European Union to initiate proceedings for recognition of the provisions of the contract pattern for disallowed, published in the Official Journal of the European Union, if the purpose of its action justifies the occurrence by it with such notice concerning the patterns of agreements used in the Republic of Poland, threatening the interests of consumers in the Member State in which the organisation is established may notify The President of the Office shall, in writing, give notice of a suspected breach of the prohibition referred to in Article 23a.

2. The notice referred to in paragraph 2. 1, contains:

(1) an indication of the trader who is alleged to have applied the prohibited provisions in the pattern of contract;

2. a description of the facts on which the notification is based;

3) an indication of the provisions of the pattern of the agreement infringing the prohibition referred to in Article. 23a;

4) the prima facie case of a breach of the prohibition laid down in the Article. 23a;

5) data identifying the notifiers notice.

3. Rules of Art. 86 (1) 3 and 4 shall apply.

Article 99b. [ Page of proceedings] [ 30] 1. The party to the proceedings shall be any person to whom the proceedings in the case for recognition of the provisions of the pattern of the contract have been initiated.

(2) The President of the Office shall issue an order to open proceedings in respect of the recognition of the provisions of the standard of the contract as not permitted and shall inform the parties accordingly.

Article 99c. [ Admission to the proceedings as a party of the person concerned] [ 31] 1. The President of the Office may allow to participate in proceedings as an entity of the concerned entity entitled to make a notification, if it considers that the participation of such entity in the proceedings may contribute to the clarification of the case.

2. Admission to participation in the proceedings as a party of the person concerned shall take place upon request of the entity entitled to make a notification.

3. The admission or refusal of admission to participate in the proceedings as an entity of the person concerned shall be effected by means of the order in respect of which the complaint is entitled.

(4) The President of the Office shall notify the party of the admission to participate in the proceedings of the party concerned.

5. The party concerned shall have the right to submit documents and explanations as to the circumstances of the case.

6. The party concerned shall have the right to inspread the case file.

(7) The President of the Office shall inform the entity concerned of the manner in which the case That party shall not have the right to appeal against the decision.

Art. 99d. [ Giving the decision to the rigour of immediate feasibility] [ 32] The President of the Office may grant a decision, in whole or in part, of immediate enforceability, if the important interest of consumers so requires.

Art. 99e. [ Term of procedure] [ 33] The procedure for the recognition of the provisions of the standard of the contract should be terminated within 4 months and in a particularly complex case not later than 5 months from the date of its initiation. The provisions of Article 4 35-38 of the Act of 14 June 1960. -The Code of Administrative Procedure shall apply mutatis mutandis.

Art. 99f. [ Expiration] [ 34] No proceedings shall be initiated in respect of the recognition of the provisions of the standard of the contract as not permitted if 3 years have elapsed since the end of the year in which they ceased to apply.

Chapter 4

Conduct of practices infringing collective consumer interests

Article 100. [ Notice on suspicion of the use of practices infringing collective consumer interests] 1. Everyone may report to the President of the Office in writing a notice concerning the suspected use of practices infringing collective consumer interests.

2. The notice referred to in paragraph 2. 1, may also report a foreign organisation entered on the list of organisations entitled in the Member States of the European Union to submit a request for initiation, published in the Official Journal of the European Communities, if the purpose of the action justifies the notification by it of a notification of an infringement resulting from illegal omissions or actions taken on the territory of the Republic of Poland, threatening the collective interests of consumers in the State the Member State in which the organisation has its seat.

3. Rules of Art. 86 (1) 2-4 shall apply mutatis mutandis.

Article 101. [ Parties to the proceedings] 1. The parties to the proceedings shall be any person to whom the proceedings concerning practices infringing the collective interests of consumers have been initiated.

(2) The President of the Office shall issue an order to initiate proceedings concerning practices which infringe the collective interests of consumers and shall inform the parties accordingly.

Article 101a. [ Undertaking by the entrepreneur to refrain from specific actions to prevent threats] [ 35] 1. If, in the course of the proceedings on practices infringing the collective interests of consumers, it is prima facie evidence that the continued use of the alleged practice may cause serious and difficult to remove the threat to the collective interests of consumers, The President of the Office may, by decision, before the end of the proceedings on practices infringing the collective interests of consumers, oblige the trader, who is alleged to have applied the practice, to refrain from certain actions for the purposes of of the prevention of these risks. The lodging of the appeal shall not suspend the execution of the decision. Prior to the adoption of a decision, the party shall not have the right to comment on the evidence and material collected and the requests made, as referred to in Article 4 (1) of the 10 of the Act of 14 June 1960. -Administrative Code of Conduct.

2. In the decision referred to in paragraph. 1, the President of the Office shall determine the duration of its validity That decision shall be in force no longer than until the decision terminating the proceedings is taken.

(3) The President of the Office may extend, by means of a decision, the duration of the decision referred to in paragraph 1. 1. Paragraph Recipe The second sentence shall apply mutatis mutandis.

4. In the decision referred to in paragraph. 1, no penalty shall be imposed, as referred to in Article 1. 106 (1) 1 point 4.

5. Rules of Art. 89 par. 5 and 6 shall apply mutatis mutandis.

Article 102. (repealed)

Article 103. [ Immediate feasibility of the rigor] The President of the Office may grant a decision, in whole or in part, of immediate enforceability, if the important interest of consumers so requires.

Article 104. [ Time to deal with a practice which infringes collective consumer interests] The conduct of practices infringing collective consumer interests should be completed within 4 months and on a particularly complicated matter, not later than 5 months from the date of its initiation. The provisions of Article 4 35-38 of the Act of 14 June 1960. -The Code of Administrative Procedure shall apply mutatis mutandis.

Article 105. [ Expiration] [ 36] No proceedings shall be initiated on practices which affect the collective interests of consumers, if they have elapsed since the end of the year in which they cease to apply.

Chapter 5

Inspection and search in the course of proceedings before the President of the Office

Art. 105a. [ Auditing in the course of proceedings] 1. In the course of proceedings before the President of the Office may be carried out by an authorized employee of the Office or Trade Inspection, hereinafter referred to as the "inspection", the control of any entrepreneur, hereinafter referred to as "controlled", within the scope of which proceedings.

2. The President of the Office may authorize the participation in the audit:

1) the employee of the competition authority of a Member State of the European Union in the case referred to in art. 22 of Regulation (EC) No 1/2003/EC;

2. an employee of the requesting authority within the meaning of the Article. 3 point (f) of Regulation No 2006 /2004/EC, in the case referred to in Article 3 (1) of Regulation No 6 para. 3 of that Regulation;

(3) persons holding special messages, where such messages are necessary to carry out checks.

3. In matters of the jurisdiction of the Delegations and in matters transferred to the delegation by the President of the Office, on the basis of art. 33 (1) 4 and 5, the staff of the delegations shall carry out a check on the basis of the authority of the Director of Delegation issued on behalf of the President of the Office.

4. The authorisation to carry out checks or to participate in the inspection shall include:

1) the designation of the control authority;

2) an indication of the legal basis;

(3) the date and place of issue;

4) the name, name and position of the controlling person and the number of his official identity card, and in case of authorization to participate in the control of the persons referred to in paragraph. 2-the names of these persons and the number of the passport or other document confirming the identity;

(5) the controlled designation;

6. determination of the scope of the control in question, including the period covered by the control;

7) specify the date of the start of the inspection and the expected date of its completion

(8) the signature of the person granting the authorisation, stating his position or function;

9) lecture on the rights and obligations of the controlled.

5. The authorisation to carry out the checks referred to in paragraph 5. 1, they shall issue accordingly: the President of the Office and, at his request, the Provincial Inspectorate of Trade Inspection.

6. The controller shall serve the controlled or the person authorized by him to carry out the checks and shall show his/her legitimacy and the persons authorised to participate in the checks referred to in the paragraph. 2, identity card, passport or other document confirming the identity.

7. In the case of the absence of the controlled or the person authorised by him, the authorization to carry out the check and the official ID card, the identity card, passport or other document confirming the identity may be presented to another employee controlled, which may be considered to be the person referred to in art. 97 of the Act of 23 April 1964. -a Civil Code or a referred witness, to which a public officer should be, but not a staff member of the inspecting authority. In that case, the authorisation shall be served without delay to the inspected, but not later than the third day following the initiation of the inspection.

Art. 105b. [ Auditor authority] 1. In order to obtain the information which may constitute evidence of the inspection, it shall have the right:

1. access to the ground and to buildings, premises or other premises and means of controlled transport;

2. requests for access to the subject of control of the files, books, all kinds of letters, documents and their writings and extracts, correspondence sent by electronic mail, IT data media within the meaning of the provisions of computerisation of the activities of entities carrying out public tasks, other devices containing IT data or information systems, including also providing access to information systems owned by another entity containing controlled data relating to the subject matter of the control, to the extent that Controlled access to these controls;

3) drawing up of the materials and correspondence referred to in point 2, notes;

4) requests made by the controlled copy or printouts of the materials, correspondence referred to in point 2, and information collected on the media, in the devices or in the systems referred to in this provision;

5) requests from the persons referred to in art. 105d ust. 1, oral explanations of the subject matter of the inspection;

6) requests from the persons referred to in art. 105d ust. 1, to make available and release other items which may constitute evidence in the case.

2. The self authorized to participate in the control, on the basis of art. 105a ust. 2, they shall enjoy the powers of control in the field of access to land and buildings, premises or other premises, and means of controlled transport and access to materials and correspondence and information collected on the media, in devices or systems referred to in paragraph Article 1 (2), as well as the right to participate in the search, referred to in Article 1, point 2, and to the drawing up of notes on the part of the audit authority, as well as the right to 91 and in art. 105n.

3. In the course of the inspection, the inspection may benefit from the assistance of the officers of other State Control Authorities or Police. State control authorities or the Police shall carry out operations on the control command.

4. In justified cases, the course of inspection or the individual activities in its course, after prior notification to the controlled, may be established by the devices recording the image or sound. Computer data media within the meaning of the rules for the computerisation of the activities of the bodies carrying out the public tasks on which the inspection has been recorded or of the various activities in its course shall constitute an annex to the audit protocol.

Art. 105c. (repealed)

Art. 105d. [ Controlled duties] 1. Controlled, authorised by him, holder of a dwelling, premises, real estate or means of transport, referred to in art. 91 (1) 1, shall be required to:

1) providing the requested information;

2. allow access to the ground and to buildings, premises or other premises and means of transport;

3. the release and release of the materials referred to in art. 105b ust. 1 point 2, or other objects which may constitute evidence in the case;

4) allow access to IT data media, devices or IT systems referred to in art. 105b ust. 1 point 2, as regards the information collected on these media, in devices or in systems, including correspondence sent by e-mail.

2. The persons referred to in paragraph. 1, may refuse to provide information or cooperation in the course of the check only if it would jeopardise it or their spouse, preliminary, sneaky, siblings and duties in the same line or degree, as well as the persons remaining in the relationship adoption, care or guardianage, as well as the person remaining in the common borrowing, under penalty. The right to refuse information or to cooperate in the course of a check shall be carried out after the marriage has ceased or the adoption of the intercourse, care or guardianor has been terminated.

Art. 105e. [ Ensuring the conditions and means necessary for the smooth conduct of the checks] 1. The controlled shall provide the inspection and the persons authorized to participate in the inspection of the conditions and means necessary for the smooth operation of the inspection, and in particular:

1) draw up copies or printouts of the materials and correspondence referred to in art in its own scope. 105b ust. 1 point 2, and the information collected on the media, in the equipment or in the systems referred to in that provision;

2) ensure, as far as possible, a self-contained enclosed space where this is necessary to carry out checks;

3) provide a dedicated space for storing documents and secured items;

4. shall make available the means of communication which it has at its disposal, to the extent necessary for the exercise of control activities

2. Audited shall confirm compliance with the original of the copies of the documents and printouts. In the event of a refusal to confirm compliance with the original, the verification shall be confirmed by the auditor, which shall be referred to in the audit record.

Art. 105f. [ Evidence collected in the course of the audit] 1. The controllers or persons authorised to participate in the control shall determine the facts on the basis of the evidence collected during the inspection, and in particular, documents, objects, visual and oral or written explanations and statements and other media information.

2. Evidence referred to in paragraph. 1, may be secured by:

1) leave them in a separate or separate, closed and sealed room in the controlled;

2) submission, for a receipt given to the inspected, to be stored in the premises of the Office or the Provincial Inspectorate of Trade Inspection.

Art. 105g. [ Postage of seizing the files, books, all kinds of documents or IT data media] 1. President of the Office in the course of the inspection referred to in art. 105a ust. 1, may issue a provision for the seizing of files, books, all kinds of letters, documents, correspondence or IT media, devices referred to in art. 105b ust. In accordance with Article 1 (1), and other items which may be evidence of a case, for the time necessary to carry out the checks, however, no longer than 7 days.

2. A person holding the objects referred to in the mouth. 1, the auditor shall call for their surrender voluntarily, and in the event of a refusal, they may be carried out in the rules on enforcement proceedings in the administration.

3. In order to take care of the objects, the complaint shall be entitled to persons whose rights have been infringed. The lodging of a complaint shall not suspend the performance of the order.

4. To secure at the place of inspection, in order to carry out activities in the course of inspections, files, books, other all kinds of letters, documents, correspondence, IT media information, devices referred to in art. 105b ust. Article 1 (1) (b) of Article 4 (2), and other items which may constitute evidence in the case, as well as of the controlled premises where those documents or objects are located, the provisions of the paragraph. 1-3 does not apply.

Art. 105h. [ Occupancy Items] 1. Objects subject to seizing referred to in art. 105g ust. 1, after the examination of the seizure and the drawing up of the seizure protocol, shall be taken or handed over to a trustworthy person with an indication of the obligation to present them at the request of the body responsible for the conduct of the proceedings.

2. The seizure protocol shall contain: the designation of the case with which the attachment is related, the exact time of commencation and completion of the activity, the exact list of the objects occupied and, where necessary, their description and the indication of the President of the Office of the seized. The protocol shall be signed by the seizure and the inspected representative.

3. The undertaking shall be obliged to immediately present to the persons concerned a receipt stating which objects and by whom they have been seized, and to notify the trader immediately, whose subjects have been occupied, If you have done so.

4. The items claimed shall be returned immediately after the fact that they are unnecessary for the proceedings to be carried out or after the competition and consumers have been repealed by the provisions on the seizing of objects, but not later than after the expiry of the time limit, This is a matter of the 105g ust. 1.

Art. 105i. [ The proposal of the European Commission or of the competition authority of another Member State] 1. Without the initiation of a separate procedure, the President of the Office may carry out an inspection or search on the basis of art. 105n or request a request for consent to conduct a search on the basis of art. 91 at the request of the European Commission or of the competition authority of another Member State of the European Union in the case referred to in art. 22 of Regulation (EC) No 1/2003/EC and the Article 12 of Regulation No 139 /2004/EC.

2. In the case referred to in paragraph. 1, the President of the Office may authorise the participation in the inspection or search of:

1) the staff of the Office;

2) an employee of the European Commission or a competition authority of a Member State of the European Union;

(3) persons holding special messages, where such messages are necessary to carry out checks.

3. Where an entrepreneur or a person entitled to represent him or the holder of a dwelling, premises, property or means of transport referred to in art. 91 (1) 1, they oppose the European Commission's conduct of inspections in the course of the proceedings under the provisions of Regulation No 1/2003/EC or Regulation No 139 /2004/EC, to persons authorised by the President of the Office to participate in the the checks referred to in paragraph 1. 2 points 1 and 3, they shall be entitled under the control of the powers referred to in Article 3 (2). 105b, art. 105f-105h, art. 105n and art. 105o. The provisions of Article 4 91 applies.

Art. 105ia. [ The right to take steps to purchase the goods by the inspection] [ 37] (1) In order to obtain information which may constitute evidence of practices infringing the collective interests of consumers, the inspection body shall have the right to take steps to purchase the goods.

2. To show the controlled or the person by him an authorized official card authorising the exercise of control activities and service of the authorization to carry out the control and consent of the court referred to in the mouth. 4, shall take place immediately after the completion of the activities referred to in paragraph 1. 1.

3. The course of action referred to in paragraph. 1, can be perpetuated by means of image recording devices or sound without informing the controlled one. Computer data media within the meaning of the rules for the computerisation of the activities of the bodies carrying out the public tasks on which the inspection has been recorded or of the various activities in its course shall constitute an annex to the audit protocol. Inform the audited subject of the fixation of the activities referred to in paragraph 1. 1, shall take place immediately after the operation referred to in sentence 1.

4. The subtracting of the activities referred to in paragraph 1. 1 and 3, it requires the consent of the competition court and consumers, granted at the request of the President of the Office.

5. The court of protection of competition and of consumers shall issue within 48 hours the order in the case referred to in paragraph. 4. This provision shall not be entitled to a complaint.

Art. 105j. [ Audit Log] (1) The audit inspection carried out shall be presented in the audit record.

2. The control protocol shall include in particular:

1) an indication of the name and surname and the address of the controlled;

2) the start date and end of the inspection;

(3) the name, surname and position of the inspection service;

4) determination of the subject matter and scope of control;

(5) a description of the facts established during the inspection;

6. description of the annexes;

(7) information on the right to be informed of the right to raise objections to the Protocol and of the right to refuse to sign the Protocol.

3. The evidence collected in the course of the inspection is an annex to the audit protocol.

Art. 105k. [ Signing of protocol] 1. The audit protocol shall sign the controlling and controlled.

(2) Prior to the signature of the Protocol, the controlled protocol may, within seven days of the signature of the Protocol, make a reservation in writing to that Protocol.

3. In the event of a declaration of objections referred to in paragraph. 2, the auditor shall carry out their analyses and, if necessary, undertake additional control activities and, where the validity of the reservations is established, amend or supplement the relevant part of the Protocol in the form of an annex to the Protocol.

4. In the event of disclaimer of the reservation in whole or in part, the auditor shall inform the controlled in writing thereof.

5. The refusal to sign the controlling protocol makes reference to the protocol.

(6) The Protocol shall be drawn up in duplicate, one of which shall be left to the inspected, with the exception of the evidence remaining in the controlled possession.

Art. 105l. [ Application of the provisions of the Act on the freedom of economic activity] The provisions of Chapter 5 of the Act of 2 July 2004 apply to the control of the entrepreneur's business activities. about the freedom of economic activity (Dz. U. of 2013 r. items 672, of late. zm.).

Art. 105m. [ Complaint] 1. The subject referred to in art. 105b ust. Article 1 (2) of which the rights have been infringed in the course of the checks may bring a complaint to the competition and consumer protection courts which go beyond the scope of the control in question or other control measures taken in breach of the law, within 7 days from the date of such action.

2. The lodging of a complaint does not stop the check.

3. The complaint shall be lodged with the court of protection of competition and of consumers through the President of the Office, who shall transmit them together with the answer to the court within 7 days from the day of the lodging of the complaint.

4. The court of protection of competition and consumers shall recognize the complaint within 7 days from the date of its submission by the President of the Office. The order of the court shall be justified by the authority. The order of the court shall be entitled to a complaint to the court of second instance.

5. In the event of consideration of the complaint by the court of protection of competition and of consumers, the evidence obtained by the contested control operation cannot be used in the conduct of the proceedings, in other proceedings conducted by the President of the Office and in proceedings carried out on the basis of separate provisions.

Art. 105n. [ Search of rooms and things] 1. In cases of restrictive practices, in the course of investigation and antitrust proceedings, in order to find and obtain information from files, books, letters, all kinds of documents or IT data media, equipment and information systems and other objects which may constitute evidence in the case, the President of the Office may carry out searches of premises and things in the undertaking, if there are reasonable grounds for believing that he or she is information or objects are located there.

2. The conduct of the search requires the consent of the court of protection of competition and consumers, granted at the request of the President of the Office.

(3) The President of the Office may request permission to conduct a search in the course of the investigation only where there is a reasonable suspicion of serious infringement of the provisions of the Act, in particular when the proceedings are likely to have occurred. evidence.

4. The court of protection of competition and of consumers shall issue within 48 hours the order in the case referred to in paragraph. 2. The order of the court of protection of competition and of consumers shall not be entitled to a complaint.

Art. 105o. [ Notes] In order to obtain information which may constitute evidence of the search, it shall have the right to draw up from the materials and correspondence referred to in Article 4. 105b ust. 1 point 2, and of the information collected on the media, in the devices or in the systems referred to in that provision, notes, shall also be understood by the drawing up of copies or printouts.

Art. 105p. [ Complaint on Action] Searches and persons whose rights have been infringed in the course of a search may lodge a complaint with the competition and consumer protection courts on a search beyond the scope of the search or other search activities. taken in breach of the provisions, within 7 days from the date of such action. The provisions of Article 4 105m ust. 2-5 shall apply mutatis mutandis.

Art. 105q. [ Provisions Applicable to Crawl] To be searched as referred to in art. 105n, the provisions shall apply accordingly:

1. 105a ust. 2-7, art. 105b, art. 105d-105h, art. 105j and art. 105k;

2. Article 80a ust. 1 and Art. 80b the first sentence of the Act of 2 July 2004. o the freedom of economic activity-in the area of unregulated activities in this chapter;

3. Article 180, Art. 224 § 1, art. 225 and Art. 226 and Art. 236a of the Act of 6 June 1997. -The Code of Criminal Procedure; the competent court for the application of these provisions is a competition and consumer protection court.

CHAPTER VII

Penalty payments

Chapter 1

Imposition of fines

Article 106. [ Fines] 1. The President of the Office may impose on the trader, by decision, a monetary penalty of not more than 10% of the turnover achieved in the financial year preceding the year of the imposition of the penalty, if the entrepreneur, even inadvertently:

1) has committed an infringement of the prohibition laid down in Article 6, to the extent not excluded on the basis of Article 7 and art. 8, or breaches of the prohibition set out in Article 9;

2. committed an infringement of Article 3 (2). 101 or art. 102 TFEU;

3) have made a concentration without obtaining the consent of the President of the Office;

3a) [ 38] has committed a breach of the prohibition laid down in Article 23a;

(4) it has infringed the prohibition laid down in Article 4. 24.

2. The President of the Office may also impose on the trader, by decision, a monetary penalty of an amount equivalent to EUR 50 000 000, if the trader, however inadvertently:

1) in the application referred to in art. 23, or in the notification referred to in art. 94 par. 2, gave untrue data;

2) [ 39] has not provided the information requested by the President of the Office on the basis of art. 10 para. 9, art. 12 (1) 3, art. 19 (1) 3, art. 23c (c) 3, art. 28 para. 3 or Article 50 or untrue or misleading information;

3) prevent or make it difficult to start or carry out an audit on the basis of art. 105a or art. 105i, including not carrying out the obligations laid down in Article 105d ust. 1 or in Art. 105e ust. 1;

4) make it impossible or difficult to start or perform a search on the basis of art. 91 or Art. 105n, including does not carry out the obligations laid down in Article 105d ust. 1 or in Art. 105e ust. 1.

3. The gate referred to in paragraph. 1, shall be calculated as the sum of:

1) the income shown in the profit and loss account-in the case of an entrepreneur making such an account on the basis of the accounting regulations;

2) the revenue shown in the annual accounts equivalent to the profit and loss account drawn up on the basis of the accounting provisions or in another statement summarizing the revenue in the financial year, including the statement of execution the budget-in the case of an entrepreneur who does not draw up a profit and loss account on the basis of the accounting rules;

3) documented income generated in the financial year in particular from the sale of products, goods or materials, financial revenues and income from activities carried out on the basis of statutes or other document setting out the scope the activities of the trader, as well as the values obtained by the subsidy entrepreneur, in the absence of the documents referred to in points (1) and (2);

4) own income less tax receipts-in the case of municipalities, powiats and voivodships.

4. Where an entrepreneur arose as a result of the merger or conversion of other entrepreneurs, calculating the amount of its turnover referred to in the paragraph. 1, the President of the Office shall take account of the turnover achieved by these entrepreneurs in the financial year preceding the year of the imposition of the penalty

5. Where an entrepreneur in the financial year preceding the year of the imposition of a penalty has not achieved the turnover or has achieved a turnover not exceeding the equivalent of EUR 100 000, the President of the Office shall impose a monetary penalty on the basis of the paragraph. 1 shall take account of the average turnover achieved by the trader in the three successive financial years preceding the year of the imposition of the penalty.

6. In the event that the trader has not achieved the turnover during the three-year period referred to in paragraph. 5, or when the marketing of an entrepreneur calculated on the basis of this provision does not exceed the equivalent of 100 000 euro, the President of the Office may impose on the trader, by decision, a monetary penalty equal to the equivalent of 10 000 euro.

7. Where the trader does not have before the decision is given the financial data necessary to establish the turnover for the financial year preceding the year of the imposition of the penalty, the President of the Office shall impose a pecuniary penalty on the basis of the paragraph. 1, takes into account:

1) the turnover achieved by the entrepreneur in the financial year preceding this year;

2) in the case referred to in paragraph. 5-the average turnover achieved by the entrepreneur in the three consecutive financial years preceding that year. The provisions of the paragraph 6 shall apply mutatis mutandis.

Article 106a. [ Penalty charge imposed on a managing person] 1. The President of the Office may impose on the managing person referred to in art. 6a, a pecuniary penalty of up to PLN 2,000,000 if the person deliberately committed a breach by the entrepreneur of the prohibitions specified in Art. 6 para. 1 points 1-6 of the Act or in Article 101 (1) 1 litas (a) TFEU.

2. The imposition on the person managing the monetary penalty referred to in paragraph. 1, may take place only in a decision imposing a pecuniary penalty on the entrepreneur referred to in art. 106 (1) 1 point 1 or 2.

3. The monetary penalty referred to in paragraph 1, it shall not be imposed if a pecunial penalty is imposed on the person managing the trader on the basis of an article. 106 (1) 1 points 1 or 2 for the same infringement of the prohibitions referred to in Article 1. 6 para. 1 points 1-6 of the Act or in Article 101 (1) 1 litas (a) TFEU.

Article 107. [ Penalty penalty for each day of delay in execution of the decision] [ 40] The President of the Office may impose a pecuniary penalty of up to EUR 10 000 for each day of delay in implementing decisions made on the basis of the Article, by decision, by decision. 10, art. 12 (1) 1, art. 19 (1) 1, art. 20 para. 1, art. 21 (1) 2 and 4, art. 23b, art. 23c (c) 1, art. 26, art. 27 ust. 2, art. 28 para. 1, art. 89 par. 1 and 3 and Art. 101a (1) 1 and 3, provisions issued on the basis of art. 105g ust. 1 or court judgments in cases of restrictive practices, practices infringing collective consumer interests, prohibited provisions of contract patterns and concentration. The monetary penalty shall be imposed from the date indicated in the decision.

Article 108. [ Penalty of money to be imposed on a person acting as a manager or who is part of a governing body] (1) The President of the Office may, by decision, impose a pecuniary penalty of up to 50 times the average remuneration for a person acting as a manager or who is part of a management body of an economic operator, if that person intentionally or unintentionally:

1) has not executed the decisions, provisions or judgments referred to in art. 107;

2) did not notify the intention of the concentration referred to in art. 13.

(2) The President of the Office may, by decision, impose a pecuniary penalty in the amount referred to in paragraph on a person acting as a manager or who is part of the managing body of the economic operator. 1, if the person:

1) make it impossible or difficult to start or carry out an audit on the basis of art. 105a or art. 105i;

2) make it impossible or difficult to start or perform a search on the basis of art. 91 or Art. 105n.

(3) The President of the Office may, by decision, impose a pecuniary penalty in the amount referred to in paragraph 1. 1, for:

1) a person authorized by the controlled or searched referred to in art. 105a ust. 6, holder of a dwelling, premises, immovable property or means of transport referred to in art. 91 (1) 1, for:

(a) the granting of information requested by the President of the Office in the course of checks or searches which are not true or misleading information,

(b) preventing or obstructing the start or execution of an inspection on the basis of art. 105a or art. 105i, including the failure to perform the obligations referred to in Article 105d ust. 1 or in Art. 105e ust. 1,

(c) preventing or obstructing the start or execution of a search on the basis of art. 91 or Art. 105n, including failure to perform the obligations referred to in Article 105d ust. 1 or in Art. 105e ust. 1;

2) the person referred to in art. 105a ust. 7, which is a controlled worker, for preventing or obstructing the presentation of the documents referred to in that provision.

4. Where the person authorized by the controlled or searched referred to in art 105a ust. 6, or the person referred to in art. 105a ust. 7, being an employee of the controlled, full managerial function or form part of the economic operator's governing body, the basis for the imposition of a monetary penalty by the President of the Office shall be the paragraph. 3.

5. The President of the Office may, by decision, impose a pecuniary penalty of up to PLN 20 000 on anyone who copied the documents referred to in art. 70 par. 4, without the written consent of the entrepreneur or the managing person mentioned in that provision or used the information obtained by access to those documents for a different purpose than for the purpose of the proceedings or the proceedings before the court as a result of bringing an appeal against the matter, except for the use of that information for criminal or criminal proceedings.

6. The President of the Office may, by decision, impose a pecuniary penalty of up to PLN 5,000 per:

1) a witness for an unwarranted refusal to testify or unjustifiable instability on the call of the President of the Office;

2) an expert for an unjustified refusal to make an opinion, an unjustified delay of the submission of an opinion or for an unjustifiable failure to do so by a summons of the President of the Office.

Article 109. (repealed)

Article 110. (repealed)

Article 111. [ Taking into account the circumstances of the infringement of the law upon the payment of the amount of the 1. The President of the Office shall, in determining the amount of the penalty imposed, take account in particular of the circumstances of the breach of the provisions of the Act and the prior violation of the provisions of the Act, and, in the case of the monetary penalty referred to in:

1. 106 (1) 1 and in Art. 108 (1) 1 point 2-period, degree and market effects of infringement of the provisions of the Act, with the degree of infringement of the President of the Office assesses taking into account the circumstances surrounding the nature of the infringement, the activities of the trader, which was the subject of the -in the cases referred to in Article 106 (1) 1 points 1-3 and in Article 108 (1) 1 point 2-the specificity of the market on which the infringement occurred;

2. Article 106a-the degree of influence of the conduct of the managing person on the infringement committed by the trader, the revenues obtained by the managing person in the given entrepreneur, taking into account the duration of the infringement and the period and the market effects of the infringement;

3. Article 106 (1) 2 and in Article 108 (1) 2 and 3-the impact of the infringement on the course of the proceedings and the deadline for termination

4. Article 107 and in Art. 108 (1) 1 point 1-market effects of the non-execution of decisions, provisions or judgments referred to in art. 107.

2. Establishing the amount of fines in accordance with the paragraph. 1 The President of the Office shall take into account the mitigating or aggravating circumstances which have arisen in the case

3. The mitigating circumstances referred to in paragraph 3. 2, are in particular:

1. in the event of a breach of the prohibition of restrictive practices:

(a) voluntary removal of the effects of the infringement

(b) failure to apply the prohibited practice prior to the initiation of the proceeding, or immediately after the initiation of the proceeding,

(c) take, on its own initiative, actions to cease or remove the infringement,

(d) cooperation with the President of the Office in the course of the proceedings, in particular to contribute to the swift and smooth conduct of the proceedings,

(e) the entrepreneurial role of the trader in breach of the prohibition of restrictive agreements, including the avoidance of the implementation of the provisions of the restrictive agreement,

(f) action under duress, in the event of a breach of the prohibition of restrictive agreements;

2) [ 41] in the event of a breach of the prohibition of practices infringing the collective interests of consumers or the application of the prohibited provisions of the contract patterns, the circumstances referred to in point 1 (a). a-d;

3) in the case of admission by the managing person to the infringement by the entrepreneur of the prohibitions referred to in art. 6 para. 1 points 1-6 of the Act or in Article 101 (1) 1 litas (a) TFEU:

(a) the action under duress,

(b) to contribute to the voluntary removal by the trader of the effects of the infringement,

(c) to contribute to the failure by the entrepreneur on his own initiative to use the prohibited practice prior to the opening of the procedure or immediately after the opening of the procedure,

(d) the circumstances referred to in point 1 (d). c and d;

4) in the case of non-notification of the intent of concentration referred to in art. 13-inform the President of the Office of the concentration and the circumstances referred to in point 1 lit. d.

4. The aggravating circumstances referred to in paragraph 1. 2, are:

1. in the event of a breach of the prohibition of restrictive practices:

(a) the role of the leader or originator of the agreement restricting competition or inciting other operators to participate in the agreement, in the event of a breach of the prohibition of restrictive agreements,

(b) to coerce, to exert pressure or to apply retaliatory measures to other undertakings or persons with a view to their implementation or to the continuation of the infringement,

(c) making a previous infringement,

(d) the intentional infringement;

2) in the event of a breach of the prohibition of practices infringing the collective interests of consumers or the application of prohibited provisions of contract patterns: [ 42]

(a) the significant territorial coverage of the infringement or its effects,

(b) significant benefits obtained by the trader in respect of the infringement in question,

(c) the circumstances referred to in point 1 (c). c and d;

3) in the case of admission by the managing person to the infringement by the entrepreneur of the prohibitions referred to in art. 6 para. 1 points 1-6 of the Act or in Article 101 (1) 1 litas (a) TFEU:

a) the role of the organizer, the initiator of the agreement restricting competition or inciting other entrepreneurs or persons to participate in the agreement,

(b) the significant benefits obtained by the managing person in connection with the infringement,

(c) the circumstances referred to in point 1 (c). b and c;

4) in the case of non-notification of the intent of concentration referred to in art. 13-the circumstances referred to in point 1 (a). c and d.

Article 112. [ Payment of fines] 1. (repealed)

2. The financial resources resulting from the financial penalties referred to in art. 106-108, constitute the revenue of the state budget.

3. The money penalty shall be paid within 14 days from the date of the legitimation of the decision of the President of the Office.

4. In the event of expiry of the period referred to in paragraph. 3, the penalty payment shall be subject to the enforcement of enforcement proceedings in the administration.

5. In the event of untimely payment of the monetary penalty, the interest shall not be collected.

6. In the event of the repeal or amendment of the final decision, the consequence of which is the repeal of the monetary penalty or the reduction of its amount, the penalty paid shall be refunded in part or in full within 14 days from the date of service of the call for reimbursement of that penalties, together with the write-off of the court's decision and, in the reasoned case, the statement of his/her legal legitimacy. If the interest penalty is returned, it shall not be calculated.

Article 113. [ Deferral of payment of the monetary penalty or distribution to the instalment] 1. The President of the Office may at the request of the entrepreneur, the managing person or any other persons referred to in art. 108, postpone the payment of the monetary penalty, or distribute it to the installment due to the applicant's important interest.

2. The application shall be accompanied by a statement of reasons indicating the applicant's important interest.

3. In the case of deferment of payment of the monetary penalty or the distribution of the payment to the instalment, the President of the Office shall charge on the unpaid amount the interest on an annual basis, the amount of which shall be 50% of the interest rate on arrears, proclaimed on the basis of art. 56 § 3 of the Act of 29 August 1997. -Tax Ordinance (Dz. U. 2012 r. items 749, of late. zm.), from the day following the day of submission of the application.

4. In the case of the payment of the monetary penalty, the interest referred to in paragraph 1 shall be applied. 3, shall be charged separately from each instalment.

5. Interest shall be charged for the period up to the date of expiry of the deferred payment deadline or the due date for payment of individual instalments.

(6) The President of the Office may annul the deferral of payment of the monetary penalty, or to spread it into instalments if new or previously unknown circumstances relevant to the settlement have been revealed, or if the instalment has not been paid within the time limit.

(7) The decision of the President of the Office to postpone the payment of the payment of a financial penalty or to distribute it into instalments shall be effected by a provision which is not entitled to a complaint.

Chapter 2

Withdrawal of the monetary penalty or its reduction in the matters of antitrust agreements

Art. 113a. [ Application for waiver or reduction of the penalty] 1. An entrepreneur who has entered into an agreement as referred to in art. 6 para. 1 of the Act or in Article 101 TFEU, may submit to the President of the Office an application for a waiver or reduction of a monetary penalty, hereinafter referred to as "the application".

2. The application shall contain a description of the agreement indicating in particular:

1) entrepreneurs who have entered into an agreement;

2) the products or services to which the agreement relates;

(3) territory covered by the agreement;

4) the purpose of the agreement;

5) the circumstances of the agreement;

6) the circumstances and manner of functioning of the agreement;

7) the duration of the agreement;

8) the role of individual entrepreneurs participating in the agreement;

(9) the names, surnames and official positions of persons who have a significant role in the agreement, together with the description of the names;

10) whether the request was also made to the competition authorities of the Member States of the European Union or to the European Commission.

3. The entrepreneur referred to in the mouth. 1, is obliged not to disclose the intention to submit an application.

4. The President of the Office confirms the date and time of the application.

5. The applicant shall be obliged to cooperate with the President of the Office to the full extent from the submission of the application, in particular:

1) on its own initiative and at the request of the President of the Office deliver immediately any evidence or information concerning the agreement which it has at its disposal or at its disposal, which is of material importance to the case;

2) not obstruct the submission of explanations by the persons employed by the entrepreneur and the persons performing the managerial role or forming part of the economic operator's governing body;

3) not to destroy, do not falsify, do not withhold evidence or information related to the case;

4) not disclose the fact of filing an application without the consent of the President of the Office.

6. The applicant, who has not ceased to participate in the agreement before submitting the application, shall be obliged to discontinue this participation immediately upon submission of the application.

Article 113b. [ Withdrawal from the imposition of a financial penalty] The President of the Office shall depart from the imposition of the monetary penalty referred to in Article 4. 106 (1) 1 point 1 or 2, to the economic operator who has entered into an agreement referred to in Article 1 (1) or (2). 6 para. 1 of the Act or in Article 101 TFEU, in the case where the total entrepreneur:

1) as the first of the participants of the agreement submitted a request in accordance with the requirements, specified in art. 113a ust. 2 and fulfil the conditions laid down in Article 4. 113a ust. 3, 5 and 6;

2) presented:

(a) evidence sufficient to justify the opening of antitrust proceedings or information enabling the President of the Office to obtain such evidence, or

(b) if the application is submitted after the initiation of antitrust proceedings, proof which will make a significant contribution to the decision referred to in Article 10, or at the request of the President of the Office, provided information enabling such proof to be obtained

-in so far as the President of the Office did not hold such information or evidence at that time;

3) did not urge other entrepreneurs to participate in the agreement.

Art. 113c. [ Reduction of the penalty payment] 1. Where an entrepreneur who has entered into an agreement referred to in art 6 para. 1 of the Act or in Article 101 TFEU does not meet the cumulative conditions referred to in Article 3. 113b, the President of the Office shall reduce the amount of the penalty imposed on the trader if the total undertaking is:

1) submitted an application in accordance with the requirements laid down in the Article. 113a ust. 2;

2. He has fulfilled the conditions laid down in the Article. 113a ust. 3, 5 and 6;

(3) provided evidence of significant importance for the case under consideration, which the President of the Office did not possess.

2. In the case referred to in paragraph. 1, the President of the Office shall impose a financial penalty reduced by:

1) 30-50% of the amount of the penalty that would have been imposed on the entrepreneur if he had not submitted an application-to the entrepreneur who was the first to meet the conditions referred to in paragraph. 1;

2) 20-30% of the amount of the penalty that would have been imposed on the entrepreneur if he had not submitted the application-to the entrepreneur, who as the second fulfilled the conditions referred to in the paragraph. 1;

3) a maximum of 20% in relation to the amount of the penalty that would have been imposed on the entrepreneur if he had not submitted the application-to the other entrepreneurs who fulfilled the conditions referred to in the paragraph. 1.

Art. 113d. [ Proposal for an agreement not subject to antitrust or explanatory memorandum] 1. Where the entrepreneur referred to in art is concerned 113c para. 1, prior to the adoption of the decision on the case in which the application was submitted, as the first of the participants of another agreement on which antitrust or explanatory proceedings had not been initiated, he also submitted a proposal for that other agreement and presented to the President of the Office the evidence or information referred to in Article 113b, point 2 (a), the President of the Office, in the case in which it was lodged:

1) first application-reduces the amount of money penalty imposed on the trader referred to in art. 113c para. 2, by 30%;

(2) a request for a different agreement, following the imposition of the monetary penalty provided for in Article 4 (1) (b) of the EC Agreement, 106 (1) Article 1 (1) or (2) if the conditions referred to in Article 1 (1) or (2) are met. 113b.

2. In the case of submission of the application referred to in art. 113e, concerning the other agreement referred to in paragraph 1. The President of the Office shall reduce the amount of the monetary penalty imposed on the trader in respect of the case in which the first application referred to in paragraph 1 is lodged. 1 point 1, where the missing information or evidence has been completed within the time limit referred to in Article 1. 113e ust. 2.

Art. 113e. [ Application in summary form containing a description of the agreement] 1. Where the trader does not have the information to the extent specified in the Article 113a ust. 2 or the evidence or information referred to in art. 113b point 2 or in Article 113c para. Article 1 (1) may apply to the President of the Office in summary form, including a description of the agreement, which shall indicate at least the information referred to in Article 3. 113a ust. 2 points 1 to 4, 7 and 9.

(2) The President of the Office shall, as soon as the application has been lodged by the trader, determine the extent of the information or evidence to be provided and the time limit for

3. In the case of submission of information or evidence within the time limit referred to in paragraph. 2, the application shall be deemed to have been made on the date of submission of the application in summary form.

(4) Failure to provide information and evidence within the prescribed period shall not take account of the application.

Art. 113f. [ Application for immunity from fines] 1. In the case of the submission by the trader to the European Commission of an application for exemption from fines referred to in art. 23 (1) 2 lithium and Regulation No 1/2003/EC, for participation in a prohibited agreement covering the territory of more than three Member States of the European Union, an entrepreneur may also submit a request to the President of the Office in a simplified form.

2. The application referred to in paragraph 2. 1, contains an indication of:

1) entrepreneurs who have entered into an agreement;

2) the products or services to which the agreement relates;

(3) territory covered by the agreement;

4) the purpose of the agreement;

5) the duration of the agreement;

6) of the Member States of the European Union, where there is evidence of the existence of an agreement.

3. The proposal in a simplified form also contains information on the applications submitted, or which the entrepreneur intends to submit in other Member States of the European Union or to the European Commission.

4. In the event of initiation of the proceedings concerning the agreement referred to in the request in a simplified form, the President of the Office shall invite the entrepreneur to present within the prescribed time the information referred to in art. 113a ust. 2, and the evidence or information referred to in Article 113b point 2 or in Article 113c para. 1 point 3.

5. In the case of submission of information and evidence within the time limit referred to in paragraph. 4, the application shall be deemed to have been made on the date of submission of the application in a simplified form.

Art. 113g. [ Returning an entrepreneur's request] In the event of failure to take account of the application by the President of the Office or his withdrawal by the entrepreneur, the application shall be returned to the trader within 7 days

Art. 113h. [ Provisions relating to management persons] The provisions of Article 4 113a-e and art. 113g shall apply mutatis mutandis to the management persons referred to in Article. 6a, taking into account art. 113i and art. 113j.

Art. 113i. [ Information presented in the request by the managing person] The managing person shall submit, in his request, the information required to the extent that he/she has a function and role in the agreement as he has been held with the economic operator.

Art. 113j. [ Withdrawal from the imposition of a monetary penalty or a reduction in the monetary penalty imposed on a managing person] 1. An entrepreneur's application in accordance with the requirements laid down in Art. 113a ust. 2, together with which evidence or information referred to in art is presented. 113b point 2 or in Article 113c para. Article 1 (1) shall also cover the persons managing the undertaking referred to in Article 1 (1). 6a.

2. If the managing person cooperates with the President of the Office from the filing of the message on the submission of the application in the manner specified in art. 113a ust. (5) The President of the Office shall reduce the penalty imposed on that person under the same conditions as the penalty shall be reduced in relation to the trader.

(3) The President of the Office shall depart from the imposition of a financial penalty or shall reduce the penalty imposed on a managing person fulfilling the conditions referred to in paragraph 1. 2, notwithstanding the imposition of a monetary penalty on an entrepreneur who has lodged an application or a failure to reduce the penalty imposed on that trader for the failure to comply with the conditions laid down in Article 4 (2) of the Regulation. 113a ust. 3, 5 and 6 or in art. 113b point 3.

Art. 113k. [ Delegation] The Council of Ministers shall determine, by means of a regulation, a detailed procedure and a procedure for the application of a request made by an economic operator or by a management person with a view to the category of the applicant and the need to ensure a fair assessment. the fulfilment of the conditions referred to in Article 113b and in art. 113c para. 1, and the proper eligibility of the application.

CHAPTER VIII

Penal provision

Article 114. [ Breach of the obligation to provide clarification and information to the consumer spokesperson] 1. Who, contrary to the provision of art. 42 par. 4, contravenes the obligation to provide the Ombudsman with explanations and information subject to the Ombudsman's speech or the obligation to comment on the Ombudsman's comments and opinions, shall be punishable by the fine, not less than 2000 PLN.

2. Orzecking in cases of deeds referred to in paragraph. 1 is in accordance with the provisions of the Act of 24 August 2001. -Code of conduct on matters of misconduct.

CHAPTER IX

Amending, transitional and final provisions

Article 115. (bypassed).

Article 116. (bypassed).

Article 117. (bypassed).

Article 118. (bypassed).

Article 119. (bypassed).

Article 120. (bypassed).

Article 121. (bypassed).

Article 122. (bypassed).

Article 123. (bypassed).

Article 124. (bypassed).

Article 125. (bypassed).

Article 126. (bypassed).

Article 127. (bypassed).

Article 128. (bypassed).

Article 129. (bypassed).

Article 130. [ Setting the amount of the penalty payment] In determining the amount of the monetary penalty referred to in Article 111, account shall also be taken of the fact that the provisions of the Law of 15 December 2000 are infringed. on the protection of competition and consumers (Dz. U. of 2005 No 244, pos. 2080, with late. zm.).

Article 131. [ Transitional provisions] 1. To proceedings initiated on the basis of the Act of 15 December 2000 protection of competition and of consumers and not completed by the date of entry into force of this Act shall apply the provisions of the existing one.

2. Antimonopoly proceedings in the cases of concentration initiated under the Act of 15 December 2000. o The protection of competition and consumers, shall be redeemed where the intent of the concentration is not subject to the obligation to notify under the provisions of this Law.

3. Conclusions on the initiation of proceedings in cases of restrictive practices and in cases of practices infringing collective interests of consumers, submitted pursuant to the Act of 15 December 2000. o The protection of competition and consumers, on the basis of which antitrust proceedings have not been initiated in cases of restrictive practices or practices in respect of practices infringing collective consumer interests, shall be treated as notification of suspected application of these practices, within the meaning of the provisions of this Law.

Article 132. [ President of the Office set up under the provisions of existing regulations] Until the appointment of the President of the Office in accordance with the procedure laid down in Article The President of the Office shall be appointed in accordance with the provisions of the existing provisions.

Article 133. [ Membership of the Council after the date of entry into force of this Act] Members of the National Council of Consumer Advocates established on the basis of the provisions of the Act of 15 December 2000. the protection of competition and of consumers shall retain their membership in the Council after the date of entry into force of this Act, on the basis of those rules.

Article 134. [ Consumer spokespersons set up on the basis of existing regulations] 1. Consumer ombudsmen appointed on the basis of the provisions of the existing duties shall remain in office until their appeal in accordance with art mode. 40 of this Act.

2. The existing working conditions and the pay of the consumer spokesperson shall remain in force until the establishment of new working conditions and a consumer spokesperson is determined by the appendix.

Article 135. [ The passage of rights and property of the Office of Competition and Consumer Protection] 1. On the date of entry into force of the Act, the Office shall enter into all the rights and obligations of the Office of Competition and Consumer Protection established on the basis of the existing regulations.

2. From the date of entry into force of the Act, the property of the Office of Competition and Consumer Protection established on the basis of the existing provisions becomes, by virtue of law, the holding of the Office.

3. The transition of the rights and property of the Office of Competition and Consumer Protection established on the basis of the existing provisions to the Office shall be effected free of charge and shall be free of taxes and charges.

4. From the date of entry into force of the Act, the employees of the Office of Competition and Consumer Protection established on the basis of the existing regulations become, by virtue of the law, the employees of the Office.

Article 136. [ Implementing rules] 1. Implementing rules issued on the basis of art. 16, art. 28 para. 3, art. 57 (1) 6, art. 77 par. 6, art. 94 par. 5, art. 103a ust. 5 of the Act of 15 December 2000. the protection of competition and consumers shall remain in force until the entry into force of the implementing rules adopted on the basis of the Article. 17, art. 33 (1) 3, art. 63 par. 5, art. 94 par. 6, art. 109 (1) 5 of this Act, however, no longer than for a period of 12 months from the date of its entry into force, subject to the paragraph. 2.

2. Implementing rules issued on the basis of art. 7 of the Act of 15 December 2000. the protection of competition and consumers shall remain in force until their expiry.

Article 137. [ Repealed provisions] The Law of 15 December 2000 shall be repealed. on the protection of competition and consumers (Dz. U. of 2005 No 244, pos. 2080, with late. zm.).

Article 138. [ Entry into force] The Act shall enter into force after 30 days from the day of the announcement.

Article 138.


1) This Act shall be subject to the implementation of Directive 98 /27/EC of the European Parliament and of the Council of 19 May 1998 on the implementation of Directive 98 /27/EC. on orders for the cessation of harmful practices to protect the interests of consumers (Dz. Urz. EU L 166 of 11.06.1998; Dz. Urz. EU Polish Special Edition, rozdz. 15, tom 004, str. 43).

[ 1] Article 1 (1) 2 in the version set by the Article. 1 point 1 of the Act of 5 August 2015. amending the Act on Competition and Consumer Protection and certain other Laws (Journal of Laws item. 1634). The amendment came into force on 17 April 2016.

[ 2] Department IIIa added by Article 1 point 2 of the Act of 5 August 2015. amending the Act on Competition and Consumer Protection and certain other Laws (Journal of Laws item. 1634). The amendment came into force on 17 April 2016.

[ 3] Department IIIa added by Article 1 point 2 of the Act of 5 August 2015. amending the Act on Competition and Consumer Protection and certain other Laws (Journal of Laws item. 1634). The amendment came into force on 17 April 2016.

[ 4] Department IIIa added by Article 1 point 2 of the Act of 5 August 2015. amending the Act on Competition and Consumer Protection and certain other Laws (Journal of Laws item. 1634). The amendment came into force on 17 April 2016.

[ 5] Department IIIa added by Article 1 point 2 of the Act of 5 August 2015. amending the Act on Competition and Consumer Protection and certain other Laws (Journal of Laws item. 1634). The amendment came into force on 17 April 2016.

[ 6] Article 24 (1) 2 in the version set by the Article. 1 point 3 (a) a) of the Act of 5 August 2015. amending the Act on Competition and Consumer Protection and certain other Laws (Journal of Laws item. 1634). The amendment came into force on 17 April 2016.

[ 7] Article 24 (1) 2 point 1 repealed by Article 1 point 3 (a) b) of the Act of 5 August 2015. amending the Act on Competition and Consumer Protection and certain other Laws (Journal of Laws item. 1634). The amendment came into force on 17 April 2016.

[ 8] Article 24 (1) 2 point 4 added by art. 1 point 3 (a) c) of the Act of 5 August 2015. amending the Act on Competition and Consumer Protection and certain other Laws (Journal of Laws item. 1634). The amendment came into force on 17 April 2016.

[ 9] Article 25 in the version set by the Article 1 point 4 of the Act of 5 August 2015. amending the Act on Competition and Consumer Protection and certain other Laws (Journal of Laws item. 1634). The amendment came into force on 17 April 2016.

[ 10] Article 26 (1) 2 in the version set by the Article. 1 point 5 (a) a) of the Act of 5 August 2015. amending the Act on Competition and Consumer Protection and certain other Laws (Journal of Laws item. 1634). The amendment came into force on 17 April 2016.

[ 11] Article 26 (1) 3 added by art. 1 point 5 (a) b) of the Act of 5 August 2015. amending the Act on Competition and Consumer Protection and certain other Laws (Journal of Laws item. 1634). The amendment came into force on 17 April 2016.

[ 12] Article 26 (1) 4 added by art. 1 point 5 (a) b) of the Act of 5 August 2015. amending the Act on Competition and Consumer Protection and certain other Laws (Journal of Laws item. 1634). The amendment came into force on 17 April 2016.

[ 13] Article 27 (1) 4 in the version set by the Article. 1 point 6 of the Act of 5 August 2015. amending the Act on Competition and Consumer Protection and certain other Laws (Journal of Laws item. 1634). The amendment came into force on 17 April 2016.

[ 14] Article 28 (1) 2 in the version set by the Article. 1 point 7 of the Act of 5 August 2015. amending the Act on Competition and Consumer Protection and certain other Laws (Journal of Laws item. 1634). The amendment came into force on 17 April 2016.

[ 15] Article 31 (2), as amended by Article 3 (2), 1 point 8 (a) a) of the Act of 5 August 2015. amending the Act on Competition and Consumer Protection and certain other Laws (Journal of Laws item. 1634). The amendment came into force on 17 April 2016.

[ 16] Article 31, point 13, as set out by the Article 1 point 8 (a) b) of the Act of 5 August 2015. amending the Act on Competition and Consumer Protection and certain other Laws (Journal of Laws item. 1634). The amendment came into force on 17 April 2016.

[ 17] Art. 31b added by art. 1 point 9 of the Act of 5 August 2015. amending the Act on Competition and Consumer Protection and certain other Laws (Journal of Laws item. 1634). The amendment came into force on 17 April 2016.

[ 18] Art. 31c added by art. 1 point 9 of the Act of 5 August 2015. amending the Act on Competition and Consumer Protection and certain other Laws (Journal of Laws item. 1634). The amendment came into force on 17 April 2016.

[ 19] Art. 31d added by art. 1 point 9 of the Act of 5 August 2015. amending the Act on Competition and Consumer Protection and certain other Laws (Journal of Laws item. 1634). The amendment came into force on 17 April 2016.

[ 20] Article 47, as amended by Article 4 (2), 1 point 10 of the Act of 5 August 2015. amending the Act on Competition and Consumer Protection and certain other Laws (Journal of Laws item. 1634). The amendment came into force on 17 April 2016.

[ 21] Article 48 (1) 2 point 1a added by art. 1 point 11 of the Act of 5 August 2015. amending the Act on Competition and Consumer Protection and certain other Laws (Journal of Laws item. 1634). The amendment came into force on 17 April 2016.

[ 22] Article 49 (1) 1 in the wording set by Article 1. 1 point 12 of the Act of 5 August 2015. amending the Act on Competition and Consumer Protection and certain other Laws (Journal of Laws item. 1634). The amendment came into force on 17 April 2016.

[ 23] Art. 49a added by art. 1 point 13 of the Act of 5 August 2015. amending the Act on Competition and Consumer Protection and certain other Laws (Journal of Laws item. 1634). The amendment came into force on 17 April 2016.

[ 24] Article 69 (1) 5 in the version set by the Article. 1 point 14 of the Act of 5 August 2015. amending the Act on Competition and Consumer Protection and certain other Laws (Journal of Laws item. 1634). The amendment came into force on 17 April 2016.

[ 25] Article 76, as amended by Article 6 (1), 1 point 15 of the Act of 5 August 2015. amending the Act on Competition and Consumer Protection and certain other Laws (Journal of Laws item. 1634). The amendment came into force on 17 April 2016.

[ 26] Article 89 (1) 4 in the version set by the Article. 1 point 16 (b) a) of the Act of 5 August 2015. amending the Act on Competition and Consumer Protection and certain other Laws (Journal of Laws item. 1634). The amendment came into force on 17 April 2016.

[ 27] Article 89 (1) 5 added by art. 1 point 16 (b) b) of the Act of 5 August 2015. amending the Act on Competition and Consumer Protection and certain other Laws (Journal of Laws item. 1634). The amendment came into force on 17 April 2016.

[ 28] Article 89 (1) 6 added by art. 1 point 16 (b) b) of the Act of 5 August 2015. amending the Act on Competition and Consumer Protection and certain other Laws (Journal of Laws item. 1634). The amendment came into force on 17 April 2016.

[ 29] Chapter 3a of Section VI added by Article 1 point 17 of the Act of 5 August 2015. amending the Act on Competition and Consumer Protection and certain other Laws (Journal of Laws item. 1634). The amendment came into force on 17 April 2016.

[ 30] Chapter 3a of Section VI added by Article 1 point 17 of the Act of 5 August 2015. amending the Act on Competition and Consumer Protection and certain other Laws (Journal of Laws item. 1634). The amendment came into force on 17 April 2016.

[ 31] Chapter 3a of Section VI added by Article 1 point 17 of the Act of 5 August 2015. amending the Act on Competition and Consumer Protection and certain other Laws (Journal of Laws item. 1634). The amendment came into force on 17 April 2016.

[ 32] Chapter 3a of Section VI added by Article 1 point 17 of the Act of 5 August 2015. amending the Act on Competition and Consumer Protection and certain other Laws (Journal of Laws item. 1634). The amendment came into force on 17 April 2016.

[ 33] Chapter 3a of Section VI added by Article 1 point 17 of the Act of 5 August 2015. amending the Act on Competition and Consumer Protection and certain other Laws (Journal of Laws item. 1634). The amendment came into force on 17 April 2016.

[ 34] Chapter 3a of Section VI added by Article 1 point 17 of the Act of 5 August 2015. amending the Act on Competition and Consumer Protection and certain other Laws (Journal of Laws item. 1634). The amendment came into force on 17 April 2016.

[ 35] Art. 101a added by art. 1 point 18 of the Act of 5 August 2015. amending the Act on Competition and Consumer Protection and certain other Laws (Journal of Laws item. 1634). The amendment came into force on 17 April 2016.

[ 36] Article 105, as amended by Article 105 (1), 1 point 19 of the Act of 5 August 2015. amending the Act on Competition and Consumer Protection and certain other Laws (Journal of Laws item. 1634). The amendment came into force on 17 April 2016.

[ 37] Art. 105ia added by art. 1 point 20 of the Act of 5 August 2015. amending the Act on Competition and Consumer Protection and certain other Laws (Journal of Laws item. 1634). The amendment came into force on 17 April 2016.

[ 38] Article 106 (1) 1 point 3a added by art. 1 point 21 (b) a) of the Act of 5 August 2015. amending the Act on Competition and Consumer Protection and certain other Laws (Journal of Laws item. 1634). The amendment came into force on 17 April 2016.

[ 39] Article 106 (1) Article 2 (2), as amended by Article 2 (2) 1 point 21 (b) b) of the Act of 5 August 2015. amending the Act on Competition and Consumer Protection and certain other Laws (Journal of Laws item. 1634). The amendment came into force on 17 April 2016.

[ 40] Article 107, in the version set by the Article. 1 point 22 of the Act of 5 August 2015. amending the Act on Competition and Consumer Protection and certain other Laws (Journal of Laws item. 1634). The amendment came into force on 17 April 2016.

[ 41] Article 111 (1) Article 3 (2), as amended by Article 3 (2) 1 point 23 (a) a) of the Act of 5 August 2015. amending the Act on Competition and Consumer Protection and certain other Laws (Journal of Laws item. 1634). The amendment came into force on 17 April 2016.

[ 42] Article 111 (1) Article 4 (2) in the wording set out in Article 4 ( 1 point 23 (a) b) of the Act of 5 August 2015. amending the Act on Competition and Consumer Protection and certain other Laws (Journal of Laws item. 1634). The amendment came into force on 17 April 2016.