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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DIVISION I General provisions Art. 1. [range] 1. The law specifies the conditions for the development and protection of competition and the rules undertaken in the public interest to protect the interests of businesses and consumers.

2. [1] the Act regulates the principles and prevent restrictive practices, practices infringing the collective interests of consumers and the use of illegal provisions of patterns, as well as agreements to counter anti-competitive koncentracjom traders and their associations, if these practices, the use of unauthorized or concentrations produce or may produce effects on the territory of the Republic of Poland.

3. The Act also specifies the authorities competent in matters of competition and consumer protection.



Article. 2. [the application of the provisions of the Act] 1. The Act does not infringe the rights conferred on the basis of the provisions relating to the protection of intellectual and industrial property, in particular the provisions for the protection of inventions, utility models and industrial, topographies of integrated circuits, trademarks, geographical indications, copyright and related rights.

2. The law shall apply to contracts concluded between entrepreneurs: 1) contracts, in particular licenses, as well as other than practice the exercise of the rights referred to in paragraph 1. 1;

2) contracts for undisclosed to the public: a) technical information or technology, b) principles of organization and management – which measures have been taken to prevent their disclosure, if the effect of these agreements is an unjustified restriction on the freedom of economic activity of the parties or significant restriction of competition on the market.



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



Article. 4. [Definitions] Whenever the law is talking about: 1) the trader is to be understood by a trader within the meaning of the freedom of economic activity, as well as: a) a natural person, a legal person, as well as the organizational unit without legal personality, which the law recognizes the legal capacity, who arranges for or providing services of general interest, which are not an economic activity within the meaning of the freedom of economic activity , b) a natural person exercising a profession in its own name and on their own account, or which, in the exercise of this profession, c) a natural person who has control, within the meaning of paragraph 4, on at least one entrepreneur, even if not an economic activity within the meaning of the freedom of economic activity, if you take the further action subject to the control of concentrations referred to in art. 13, d) Association of entrepreneurs within the meaning of point 2 of, with the exception of the provisions relating to the concentration;

2) business relationships-shall mean the Chamber of Commerce, associations and other business organisations, referred to in paragraph 1, as well as associations thereof;

3) entrepreneur dominant – shall mean the trader, who has control, within the meaning of paragraph 4, over another trader;

3A) managing person-shall mean the marshaling the company, in particular a person serving as a feature or a component of the management organ trader;

4) taking control – shall mean any form of direct or indirect for the trader's permission, which separately or together, taking into account all the circumstances of law or fact, allow you to exercise a decisive influence on another trader or traders; such powers in particular: a) having directly or indirectly a majority vote at the meeting of shareholders or at the general meeting, as well as the pledgee or the user, or on the Board of another trader (trader dependent), also on the basis of agreements with other persons, (b)) the power to appoint or remove a majority of the members of the Board of directors or of the Supervisory Board of another trader (trader dependent), also on the basis of agreements with other people , c) members of the management board or the Supervisory Board constitute more than half of the members of the Management Board of another trader (trader dependent), d) have directly or indirectly a majority in a partnership subsidiary or at the general meeting of the cooperative subsidiary, also based on agreements with others, e) the right to the whole or part of the property of another trader (trader dependent), f) a contract providing for the management of another trader (trader dependent) or transfer of profit by the trader;

5) agreements – shall mean: a) agreements concluded between traders, between trade unions and between entrepreneurs and their associations or certain provisions of these agreements, b) arrangements made in any form by two or more undertakings or their compounds, c) of the resolution or other acts business compounds or their statutory bodies;

6) (repealed) 7) goods – shall mean the things, as well as energy, securities and other property rights, services, and construction works;

8) prices-shall mean the prices, as well as charges of a price, trade margins, commissions and markups of prices;

9) relevant market – shall mean the market for goods, which by reason of their end-use, price and properties, including quality, are considered by their purchasers for substitutes and are offered in the area, which, due to their nature and characteristics, the existence of barriers to market access, consumer preferences, appreciable differences in prices and transport costs, there are lots of similar conditions of competition;

10) dominant position – understand the position of the entrepreneur, which enables it to prevent effective competition on the relevant market by creating him the opportunity to act to a significant extent independently of its competitors, contractors and consumers; It is presumed that the undertaking has a dominant position, if its share of the relevant market exceeds 40%;

11) competitors – shall mean the entrepreneurs who bring or can make or buy or can be acquired at the same time, the goods in the relevant market;

12) consumer-to be understood by a consumer within the meaning of the provisions of the Act of 23 April 1964 – Civil Code (Journal of laws of 2014 item 121 and 827 and 2015, item 4);

13) consumer organisations – it is understood by this independent of the entrepreneurs and their associations of community-based organisations to which statutory tasks include protection of the interests of consumers; consumer organisations can be established on the basis of General, unless the income is only the implementation of statutory objectives;

14) group-it is understood by all entrepreneurs who are controlled directly or indirectly by one trader, including the entrepreneur;

15) (repealed) 16) average salary is to be understood by the average monthly wages in the business sector for the last month of the quarter preceding the day of the decision of the President of the Office for competition and consumer protection, announced by the President of the Central Statistical Office on the basis of separate regulations;

16A) fiscal year-shall mean the financial year within the meaning of article 3. 3 paragraphs 1 and 2. 1 section 9 of the Act of 29 September 1994 on accounting (Journal of laws of 2013.330, as amended);

17) trade secret-shall mean the secret of companies within the meaning of article 3. 11 (1). 4 of the Act of 16 April 1993 on combating unfair competition (Journal of laws of 2003 No. 153, item 1503, as amended);

18) President Office-shall mean the President of the Office for competition and consumer protection;

19) (repealed) 20) Regulation (EC) No 1/2003/EC – shall mean Council Regulation (EC) No 1/2003/EC of 16 December 2002 on the implementation of the rules on competition laid down in articles. 81 and 82 of the EC Treaty (OJ. L 1 of 04.01.2003, p. 1; Oj. EU Polish Special Edition, chapter. 08.02, PG. 205);

21) Regulation (EC) No 139/2004/EC – shall mean Council Regulation (EC) No 139/2004/EC of 20 January 2004 on the control of concentrations between entrepreneurs (OJ. EU L 024 of 29.01.2004, p. 1; Oj. EU Polish Special Edition, chapter. 08.03, p. 40);

22) Regulation (EC) No 2006/2004/EC – shall mean the regulation of the European Parliament and of the Council No. 2006/2004/EC of 27 October 2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws ("the regulation on consumer protection cooperation") (OJ. EU L 364 of 09.12.2004).



Article. 5. [the conversion of the gold value of the euro and other foreign currencies] the conversion of the value of the euro and other foreign currencies to gold and the value of the Zloty to the euro is made according to the average exchange rate of foreign currency as announced by the Polish National Bank on the last day of the calendar year preceding the year of application of the merger or the imposition of penalties.



DIVISION II


Prohibition of restrictive practices Chapter 1 prohibition of agreements restricting competition Article. 6. [the prohibition of restrictive agreements] 1. Prohibited are agreements whose object or effect is to eliminate, reduce or otherwise violation of competition on the relevant market, in particular: 1) setting, directly or indirectly, prices and other conditions of purchase or sale of goods;

2) limiting or controlling production or sales and technical progress or investment;

3) broken down markets or purchase;

4) used in similar contracts with third disruptive or non-uniform terms and conditions, posing those different conditions of competition;

5) making the conclusion of contracts subject to acceptance by the other party or to meet other benefits not in rem or customary relationship with the subject of the contract;

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

7) reconciliation by entrepreneurs acceding to the invitation to tender or by those businessmen and entrepreneur who is the organizer of the tender conditions of bids and, in particular, the scope of work or money.

2. The agreement referred to in paragraph 1. 1, are entirely or in the relevant part of the void, subject to article 22. 7 and 8.



Article. 6a. [Violation by the prohibitions resulting from the provisions of the Treaty on the functioning of the European Union] in the case of a finding of infringement by the prohibitions referred to in article 1. 6 paragraph 1. 1 paragraph 1-6 of the Act, or in the article. 101 paragraphs 1 and 2. 1 (b). a-e of the Treaty on the functioning of the European Union, hereinafter referred to as the "TFEU" liability shall also be accountable, that in the exercise of their functions for the duration of the infringement established these prohibitions intentionally committed by his action or omission to infringement by the trader listed prohibitions.



Article. 7. [the exemption the prohibition of agreements restricting competition] 1. The prohibition referred to in article 2. 6 paragraph 1. 1, shall not apply to agreements concluded between: 1) competitors – if their combined market share, which applies to the agreement, does not exceed 5%;

2) entrepreneurs who are not competitors – if you share any of them in the relevant market affected by the agreement does not exceed 10%.

2. The prohibition referred to in article 2. 6 paragraph 1. 1, shall not apply in cases where the relevant market shares referred to in paragraph 1. 1 are not exceeded by more than two percentage points in a period of two consecutive calendar years for the duration of the agreement.

3. The provisions of paragraphs 2 and 3. 1 and 2 shall not apply to the cases referred to in article 1. 6 paragraph 1. 1 paragraphs 1 to 3 and 7.



Article. 8. [the exemption the prohibition of agreements restricting competition] 1. The prohibition referred to in article 2. 6 paragraph 1. 1, shall not apply to agreements which at the same time: 1) contribute to improving the production or distribution of goods or to technical or economic progress;

2) provide the purchaser or user to the relevant part of the resulting from the agreements;

3) do not impose on the operators concerned restrictions which are not indispensable to the attainment of these objectives;

4) do not present this entrepreneurs the possibility of eliminating competition on the relevant market in respect of a substantial part of the goods.

2. The burden of proving the circumstances referred to in paragraph 1. 1, rests with the trader.

3. The Council of Ministers may, by regulation, exempt specific types of agreements which meet the conditions referred to in paragraph 1. 1, from the prohibition referred to in article 2. 6 paragraph 1. 1, taking into account the benefits that can bring certain types of agreements. In the regulation of the Council of Ministers shall determine: 1) the conditions which must be satisfied that the agreement could be considered exempt from the prohibition;

2) the clauses in the agreement constitutes a violation of article. 6;

3) the duration of the exemption and may specify clauses, which act in the agreement shall be deemed a violation of art. 6. Chapter 2 prohibition of abuse of a dominant position Article. 9. [the prohibition of abuse of a dominant position] 1. It is prohibited to abuse of a dominant position on the relevant market by one or more businesses.

2. The abuse of a dominant position is in particular: 1) directly or indirectly imposing unfair prices, including prices excessively exorbitant or abnormally low, remote payment terms or other conditions of purchase or sale of goods;

2) to reduce the production, marketing or technical progress, to the detriment of the contractors or consumers;

3) used in similar contracts with third disruptive or non-uniform terms and conditions, posing those different conditions of competition;

4) making the conclusion of contracts subject to acceptance by the other party or to meet other benefits not in rem or customary relationship with the subject of the contract;

5) preventing shaping the conditions necessary to the creation or the development of competition;

6) the imposition by the burdensome contract terms, yielding him unwarranted benefit;

7) broken down as market, product or symptoms.

3. Legal acts which are the manifestation of the abuse of a dominant position are in whole or in the relevant part of the void.



Chapter 3 Decisions in matters of restrictive practices Article. 10. [the decision on recognition of practice for limiting competition] 1. The President of the Office shall issue a decision on recognition of practice for limiting competition, if it finds a violation of the prohibitions referred to in article 1. 6 or in article 7. 9 of the Act, or in the article. 101 or article. 102 of the TFEU.

2. The decision referred to in paragraph 1. 1, the President of the Office directs the disapplication of the practice that violates the prohibitions referred to in article 1. 6 or in article 7. 9 of the Act, or in the article. 101 or article. 102 of the TFEU, if until a decision is this practice has not been stopped.

3. The burden of proving that the practice that violates the prohibitions referred to in article 1. 6 or in article 7. 9 of the Act, or in the article. 101 or article. 102 of the TFEU, ceased, rests with the trader.

4. The President of the Office may in the decision referred to in paragraph 1. 1, to order, to to refrain from applying the practice or the removal of its consequences, measures involving in particular: 1) licencing of intellectual property rights on non-discriminatory terms;

2) giving access to a specific infrastructure on a non-discriminatory terms;

3) change the contract;

4) ensuring others delivery of certain products or provision of certain services on a non-discriminatory conditions.

5. where the measures referred to in paragraph 1. 4, could prove to be ineffective or effective, but more burdensome for traders, the President of the Office may in the decision referred to in paragraph 1. 1, order the application of the measure to instruct the perform a specific economic activity, including the activity at different levels of the market, the individual entities within the group or separate organizational units within the structure of the trader.

6. the measures referred to in paragraph 1. 4 and 5, should be proportionate to the seriousness and type of infringement and necessary for its completion or to remove its effects.

7. Before the adoption of the decision ordering the measures referred to in paragraph 1. 4 and 5, the President of the Office shall inform the trader of the intention to apply specific measures. The trader may make post to planned measures within 14 days from the date of delivery of the information.

8. The decision referred to in paragraph 1. 1, the President of the Office may determine the deadline for implementation of the measures referred to in paragraph 1. 4 and 5, having regard to the importance and nature of the infringement and the measure.

9. in the case of order the application of the measures referred to in paragraph 1. 4 and 5, the President of the Office in the decision referred to in paragraph 1. 1, imposes on a trader reporting obligation within the time limit information about the degree of implementation of these measures.



Article. 11. (repealed) Article. 12. [antitrust Proceedings] 1. If in the course of antitrust will be ascertained on the basis of the circumstances of the case, the information contained in the notice or of the initiation of the proceeding, that have been affected the prohibitions referred to in article 1. 6 or article. 9 of the Act, or in the article. 101 or article. 102 of the TFEU, and entrepreneur, who is the alleged violation of these prohibitions shall undertake to take or to refrain from performing certain actions in order to terminate the violation or remove its effects, the President of the Office may, by decision, require the trader to comply with these obligations. In the case when the trader to stop infringing the prohibitions referred to in article 1. 6 or article. 9 of the Act, or in the article. 101 or article. 102 of the TFEU, and undertakes to remove the effects of the infringement, the first sentence shall apply mutatis mutandis.

2. The decision referred to in paragraph 1. 1, the President of the Office may determine the term obligations.

3. The decision referred to in paragraph 1. 1, the President of the Office imposes on a trader reporting obligation within the time limit information about the degree of implementation of commitments.

4. in the case of a decision as referred to in paragraph 2. 1, shall not apply the provisions of article 4. 10, art. 106 paragraph 1. 1 paragraphs 1 and 2 and article. 106A, subject to paragraphs 2 and 3. 7.


5. The President of the Office may, on its own initiative, revoke the decision referred to in paragraph 1. 1, where: 1) it was issued on the basis of false, incomplete or misleading information or documents;

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

6. The President of the Office may, with the consent of the entrepreneur, ex officio, revoke the decision referred to in paragraph 1. 1, where there has been a change in circumstances having a significant impact on the decision.

7. in the case of annulment of the decision by the President of the Office shall rule on the merits of the case.



Article. 12A [a deliberate violation of the prohibitions by the entrepreneur] the President of the Office may determine that the accountable manager referred to in article. 6a, deliberately committed by his action or omission to infringement by the prohibitions referred to in article 1. 6 paragraph 1. 1 paragraph 1-6 of the Act, or in the article. 101 paragraphs 1 and 2. 1 (b). a-e TFEU, only the decision referred to in article 1. 10 paragraph 1. 1, where that decision is imposed on the operator penalty referred to in article 1. 106 paragraph 1. 1 point 1 or 2.



SECTION III Concentration of entrepreneurs Chapter 1 Control concentration Article. 13. [prior notification of a concentration] 1. Going to a concentration is subject to notification to the President of the Office, if: 1) total worldwide turnover of entrepreneurs to the concentration in the fiscal year preceding the filing year exceed the equivalent of 1 000 000 000 euro or 2) aggregate turnover on the territory of the Republic of Polish entrepreneurs to the concentration in the fiscal year preceding the year of the Declaration exceeds the equivalent of 50 000 000 euro.

2. the obligation under paragraph 1. 1 applies to intention: 1) two or more separate business;

2) the acquisition, by purchase or placing of shares, other securities, shares or in any other way-direct or indirect control of one or more business by one or more of the business;

3) the creation of a joint venture by entrepreneurs;

4) the acquisition by the trader of any part of the property of another trader (in whole or in part), if the turnover realized by this property in any of the two financial years preceding the request exceeded the territory of the Republic of Poland the equivalent of 10 000 000 euro.



Article. 14. [going to the concentration of non-notification] shall not be subject to notification of the intention to concentrate: 1) if the turnover of the entrepreneur, which is expected to take control, in accordance with article 5. 13 paragraph 1. 2, paragraph 2, did not exceed on the territory of the Republic of Poland in either of the two financial years preceding the notification of the equivalent of 10 000 000 euro;

1A) if trading any of the traders referred to in article 1. 13 paragraph 1. 2 paragraph 1 or 3, shall not exceed on the territory of the Republic of Poland in either of the two financial years preceding the notification of the equivalent of 10 000 000 euro;

1B) of taking control of an entrepreneur or entrepreneurs belonging to one group and at the same time, the acquisition of part of assets of the trader or entrepreneurs belonging to this group-if the rotation of the entrepreneur or entrepreneurs that want to take control, and implemented by the acquired part of the property does not exceed the total territory of the Republic of Poland in either of the two financial years preceding the notification of the equivalent of 10 000 000 euro;

2) of temporary acquisition or accession by a financial institution shares or shares with a view to their resale, if the subject of economic activity of this institution is carried out on your own or someone else's account to invest in shares or shares of the other entrepreneurs, provided that reselling this will occur before the end of the year from the date of purchase or subscribe for, and that: a) this institution does not perform the rights of such shares or shares , with the exception of the right to a dividend, or (b)) performs those rights only in order to prepare the resale of all or part of the company, its assets or shares or shares;

3) of temporary acquisition or taking by the entrepreneur shares to secure the debt, provided that it will not execute the rights of those shares, except for the right to sell;

4) following in the course of insolvency proceedings, with the exception of cases, when intending to take control or purchasing part of the property is a competitor or belongs to a group to which they belong or be acquired part of whose entrepreneurs competitors property is purchased;

5) entrepreneurs belonging to the same group.



Article. 15. [to make a concentration by the trader dependent] to make a concentration dependent by the trader shall be deemed to be its dominant by the trader.



Article. 16. [total turnover of entrepreneurs to the concentration] 1. The turnover referred to in article 2. 13 paragraph 1. 1, covers the marketing of both businesses directly to the concentration, as well as other entrepreneurs belonging to the groups, which include the entrepreneurs directly involved in the concentration.

2. In the cases referred to in article 1. 13 paragraph 1. 2 paragraphs 2 and 4, the turnover referred to in article 2. 13 paragraph 1. 1, includes turnover of entrepreneurs taking control or purchasing part of the property and other entrepreneurs belonging to the groups, which include those of the entrepreneur and the turnover realized by purchased part of the property or business, over which is assumed control and their entrepreneurs.

3. The turnover referred to in article 2. 13 paragraph 1. 1, also includes a part of the market traders: 1) over which the trader directly participating in the concentration or entrepreneurs belonging to the groups, which include the entrepreneurs directly involved in the concentration, exercises control jointly with another trader or traders-in proportion to the number of entrepreneurs who control. The provision of paragraph 1. 1 shall apply mutatis mutandis;

2) who exercise joint control over the holding company to which the trader directly involved in the concentration is in proportion to the number of entrepreneurs who control. The provisions of paragraph 1 and paragraph 2. 1 shall apply mutatis mutandis.

4. The turnover referred to in article 2. 14 paragraph 1, include the rotation of both the entrepreneur, which has to be acquired, and its entrepreneurs. If the entrepreneur, which has to be acquired or control its trader dependent exercises control over trader together with another entrepreneur or entrepreneurs, the provision in paragraph 1. 3 paragraph 1 shall apply mutatis mutandis.

5. If simultaneously or in a period of not more than 2 years: 1) is to take control of at least two businesses belonging to the same group-marketing referred to in article 2. 14 paragraph 1, includes a total turnover of all these businesses and entrepreneurs dependent;

2) entrepreneur acquires parts of property belonging to another trader or entrepreneurs belonging to the same group-marketing referred to in article 2. 13 paragraph 1. 2, paragraph 4, includes total turnover achieved by all those parts of the property;

3) is to take control of an entrepreneur or entrepreneurs belonging to one group and the acquisition of part of assets of the trader or entrepreneurs belonging to the capital group-marketing referred to in article 2. 14 paragraph 1b, includes a total turnover of all entrepreneurs, over which is assumed control and their entrepreneurs dependent rotation implemented by all acquired parts of the property.



Article. 17. [Delegation], the Council of Ministers shall determine, by regulation, the calculation of market traders for the purposes of determining the obligation to notify a concentration to the President of the Office, taking into account the specific nature of their business activities and accounting policies relating to different categories of businesses, including banks, insurers and investment funds.



Chapter 2, decisions on the concentration Article. 18. [Agreement for concentration] the President of the Office, by way of decision, seems to agree on making a concentration, in which market competition is not substantially limited, in particular through the creation or strengthening of a dominant position on the market.



Article. 19. [Conditions to meet before issuing permission to make concentration] 1. The President of the Office, by way of decision, seems to agree on making a concentration, where, after meeting by entrepreneurs wishing to make concentration conditions referred to in paragraph 1. 2-market competition is not substantially limited, in particular through the creation or strengthening of a dominant position on the market.

2. the President of the Office may, for a trader or traders wishing to make concentration obligation or accept their commitment, in particular, to: 1) dispose of all or part of the assets of one or more businesses,


2) give up control over a particular entrepreneur or entrepreneurs, in particular by the disposal of a particular package of shares, or a reference from a function member of the management or supervisory body of one or more businesses, 3) license the exclusive rights to a competitor – by specifying in the decision referred to in paragraph 1. 1, the deadline for the fulfilment of the conditions.

3. The decision referred to in paragraph 1. 1, the President of the Office imposes on a trader or traders reporting obligation, within the prescribed time, information about the implementation of these conditions.

4. The President of the Office shall, at the request of the operator, which imposes the obligation to comply with the conditions referred to in paragraph 1. 2, shall make an order to stream, to meet those conditions, however, not later than the expiry of the time to meet them, the decision referred to in paragraph 1. 1, in so far as the term fulfilment of these conditions. On order of the President of the Office shall not be entitled to appeal.

5. In the case referred to in paragraph 1. 4, the President of the Office does not publish and not otherwise available to the public decision referred to in paragraph 1. 4. within the scope of this decision shall also be made available in the provisions of the Act of 6 September 2001 on access to public information (Journal of laws of 2014.782 and 1662).

6. An order referred to in paragraph 1. 4, does not exclude the information obligations of the trader referred to in separate regulations.



Article. 20. [Exceptions in which concentration is acceptable in spite of the restrictions of competition] 1. The President of the Office shall be prohibited, by a decision, the implementation of the concentration, as a result of which competition on the market will be significantly limited, in particular through the creation or strengthening of a dominant position on the market.

2. the President of the Office, it seems, by a decision, consent to the concentration, as a result of which competition on the market will be significantly limited, in particular through the creation or strengthening of a dominant position on the market, where a waiver of the prohibition of the concentration is justified, and in particular: 1) contribute to the development of the economic or technical progress;

2) it can have a positive impact on the economy.



Article. 21. [waiver of consent to make concentration] 1. The President of the Office may waive the decisions referred to in article 1. 18, art. 19 paragraph. 1 and art. 20(2). 2, if they were based on incorrect information for which they are responsible entrepreneurs participating in the concentration, or if traders do not meet the conditions referred to in article 1. 19 paragraph. 2 and 3. In the case of annulment of the decision by the President of the Office shall rule on the merits of the case.

2. where, in cases referred to in paragraph 1. 1, the concentration has already been implemented, and to restore competition in the market is not possible in any other way, the President of the Office may, by a decision, specifying the deadline for its implementation under the conditions laid down in the decision, to order in particular: 1) the distribution of connected entrepreneurs under the conditions laid down in the decision;

2) divestment of all or part of the assets of the trader;

3) disposal of shares to ensure control over trader or traders or solution company, over which the trader have joint control.

3. The decision referred to in paragraph 1. 2, may not be released after the expiry of 5 years from the date of the implementation of the concentration.

4. the provisions of paragraphs 1 and 2. 2 and 3 shall apply mutatis mutandis in the case of failure to notify the President of the Office of the merger referred to in art. 13 paragraph 1. 1, and in the event of non-performance of the decision on the prohibition of the concentration.



Article. 22. [end of consent to make concentration] 1. The decisions referred to in article 1. 18. 19 paragraph. 1 or article. 20(2). 2, expire, if within 2 years from the date of their release of concentration has not been made.

2. The President of the Office may, at the request of the operator involved in the concentration, filed not later than 30 days before the expiry of the time limit referred to in paragraph 1. 1, extend, by means of the provisions, the term of one year, if the entrepreneur proves that there has been a change in circumstances, as a result of which the concentration may cause a significant reduction of competition on the market.

3. Before the adoption of provisions to extend the time limit referred to in paragraph 1. 1, the President of the Office may carry out an investigation.

4. In the case of the adoption of the order of refusal to extend the time limit referred to in paragraph 1. 1, making the concentration after the expiry of that requires notification of the merger to the President of the Office and obtain consent for her to make the principles and set out in the Act.



Article. 23. [extension of the period for the resale of the shares] the President of the Office at the request of the financial institution may extend, by decision, the time limit referred to in article 2. 14 paragraph 2, if it proves that the resale of shares or of shares was not in practice, possible or economically justified before the expiry of one year from the date of their acquisition.



@ZM1 @ SECTION IIIa @ZM2 @ @ZM1 @ prohibition of illegal provisions of contract patterns @ ZM2 @ @ZM1 @ Chapter 1 @ @ @ZM1 @ provisions Prohibited the ZM2 patterns contracts @ ZM2 @ Art. 23A. [the prohibition on the use of prohibited contract terms in the patterns of agreements] [2], it is prohibited to use in the patterns of contracts concluded with consumers of illegal contractual provisions, referred to in article 1. 3851 § 1 of the Act of 23 April 1964 – Civil Code.



@ZM1 @ Chapter 2 @ ZM2 @ @ZM1 @ Decisions in cases of recognition of the provisions of the master agreement for illegal ZM2 article @ @ 23B. [the decision to declare the provisions of the master agreement to be illegal, and prohibiting its use] [3] 1. The President of the Office shall issue a decision on the provisions of the master agreement to be illegal, and prohibiting its use if it finds a violation of the prohibition referred to in article 1. 23A. In the decision of the President of the Office refers to the content of the provisions of the master agreement is deemed illegal.

2. The decision referred to in paragraph 1. 1, the President of the Office may determine measures to remove the ongoing effects of the infringement of the prohibition referred to in article 2. 23A, in particular require the operator to: 1) inform consumers that are parties to the agreements concluded on the basis of the standard referred to in paragraph 1. 1, about the recognition of illegal provisions of this pattern in the manner specified in the decision;

2) single or multiple representations of the content and in the form set out in the decision.

3. The decision referred to in paragraph 1. 1, the President of the Office may order the publication of the decision in whole or in part, with an indication of whether this decision has become final, in particular in the form, at the expense of the trader.

4. the measures referred to in paragraph 1. 2, should be proportionate to the seriousness and type of infringement and the need to remove its effects.



Article. 23 c [entrepreneur's Obligation to perform obligations] [4] 1. If the trader before a decision referred to in article 1. 23B, paragraph 2. 1, agrees to take or to refrain from performing certain actions to the end of the infringement of the prohibition referred to in article 2. 23A, or remove the effects of the infringement, the President of the Office may issue a decision referred to in article 1. 23B, paragraph 2. 1, require the operator to comply with these obligations.

2. The decision referred to in paragraph 1. 1, the President of the Office may determine the term obligations.

3. The decision referred to in paragraph 1. 1, the President of the Office imposes on a trader reporting obligation within the time limit information about the degree of implementation of commitments.

4. in the case of a decision as referred to in paragraph 2. 1, the provisions of article 4. 23B, paragraph 2. 2, paragraph 1 and article. 106 paragraph 1. 1 paragraph 3a shall not apply.

5. The President of the Office may, on its own initiative, revoke the decision referred to in paragraph 1. 1, in the section on obligations and impose a penalty referred to in article 1. 106 paragraph 1. 1 paragraph 3a, where: 1) this decision was issued on the basis of false, incomplete or misleading information or documents;

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

6. In the case referred to in paragraph 1. 5, the President of the Office may determine measures to remove the ongoing effects of the infringement of the prohibition referred to in article 1. 23B, paragraph 2. 2. the provision of article. 23B, paragraph 2. 3 apply.

7. The President of the Office may, with the consent of the entrepreneur, of its own motion to repeal the decision referred to in paragraph 1. 1, in the section on obligations, where there has been a change in circumstances having a significant impact on the release of this decision. The provisions of paragraph 1. 6 shall apply mutatis mutandis.



Article. 23d. [final decision about the recognition of the provisions of the master agreement is not allowed] [5] the final decision about the recognition of the provisions of the master agreement for illegal has the effect to the entrepreneur, as found using the provisions of the contract and to all consumers who have concluded an agreement with it on the basis of the pattern indicated in the decision.



SECTION IV the prohibition of practices that violate the collective interests of consumers Chapter 1 Practice violates the collective interests of consumers of Art. 24. [the practice violates the collective interests of consumers] 1. Prohibited is the use of practices that violate the collective interests of consumers.

2. Practice detrimental to the collective interests of consumers means affecting the not contrary to law or morality the behavior of traders, in particular: [6] 1) [7] (repealed)

2) violations of the obligation to grant consumers a fair, true and full information;


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

4) [8] recommend consumers purchase financial services, which do not correspond to the needs of those consumers to be fixed taking into account the available information in the field of consumer characteristics of the entrepreneurs or propose the acquisition of these services in any way inadequate to their nature.



Article. 25. [protection of the collective interests of consumers] [9] the protection of the collective interests of consumers as provided for in the Act does not exclude the protection of other laws, in particular the provisions on combating unfair market practices and regulations for the Suppression of unfair competition.



Section 2 decisions on practices that violate the collective interests of consumers of Art. 26. [the decision on recognition of practices detrimental to the collective interests of consumers] 1. The President of the Office shall issue a decision on recognition of practices detrimental to the collective interests of consumers, and requiring the abandonment of its application if it finds a violation of the prohibition referred to in article 1. 24.2. [10] in the decision referred to in paragraph 1. 1, the President of the Office may determine measures to remove the ongoing effects of the infringement the collective interests of consumers in order to ensure the exercise of the warrant, in particular require the operator to submit a single or multiple representations of the content and in the form set out in the decision.

3. [11] in the decision referred to in paragraph 1. 1, the President of the Office may order the publication of the decision in whole or in part, with an indication of whether this decision has become final, in particular in the form, at the expense of the trader.

4. [12] the measures referred to in paragraph 1. 2, should be proportionate to the seriousness and type of infringement and the need to remove its effects.



Article. 27. [discontinuation of the practice that violates the collective interests of consumers] 1. Does not seem to the decision referred to in article 1. 26 if the entrepreneur has ceased use of the practice, referred to in article 1. 24.2. In the case referred to in paragraph 1. 1 the President of the Office shall issue a decision on recognition of practices detrimental to the collective interests of consumers, and noting the failure of its application.

3. The burden of proving the circumstances referred to in paragraph 1. 1, rests with the trader.

4. The provisions of articles [13]. 26 paragraph. 2-4 shall apply mutatis mutandis.



Article. 28. [on the entrepreneur obligation to take or to refrain from performing certain actions] 1. If in the course of the proceedings on the practices that violate the collective interests of consumers will be ascertained on the basis of the circumstances of the case, the information contained in the notice referred to in article 1. 100 paragraph 1. 1, or underlying the proceedings – that has been infringed the prohibition referred to in article 2. 24, and entrepreneur, who is the alleged infringement of this prohibition, it undertakes to take or to refrain from performing certain actions to end the violation or remove its effects, the President of the Office may, by decision, require the trader to comply with these obligations. In the case when the trader to stop infringing the prohibition referred to in article 1. 24, and undertakes to remove the effects of the infringement, the first sentence shall apply mutatis mutandis.

2. [14] in the decision referred to in paragraph 1. 1, the President of the Office may determine the term obligations or compel the trader to submit single or multiple representations of the content and in the form set out in the decision or to the publication of the decision in whole or in part at the expense of the entrepreneurs, with an indication of whether the decision is final.

3. The decision referred to in paragraph 1. 1, the President of the Office imposes on a trader reporting obligation within the time limit information about the degree of implementation of commitments.

4. in the case of a decision as referred to in paragraph 2. 1, art. 26 and 27 and article. 106 paragraph 1. 1 paragraph 4 does not apply, subject to the provisions of paragraph 2. 7.5. The President of the Office may, on its own initiative, revoke the decision referred to in paragraph 1. 1, where: 1) it was issued on the basis of false, incomplete or misleading information or documents;

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

6. The President of the Office may, with the consent of the entrepreneur, of its own motion to repeal the decision referred to in paragraph 1. 1, where there has been a change in circumstances having a significant impact on the decision.

7. in the case of annulment of the decision by the President of the Office shall rule on the merits of the case.



Section V Organization of competition and consumer protection Chapter 1 the President of the Office Article. 29. [the President of the Office] 1. The President of the Office is the central organ of government administration competent in matters of competition and consumer protection. President of the Council of Ministers shall exercise supervision over the activities of the President of the Office.

2. the President of the Office is: 1) executing the tasks imposed on the authorities of the Member States of the European Union on the basis of article. 104 and article. 105 TFEU. In particular, the President of the Office shall be the competent authority of competition within the meaning of article 3. 35 Regulation No 1/2003/EC;

2) single Liaison Office within the meaning of Regulation (EC) No 2006/2004/EC and, in the extent of its statutory authority, shall be the competent authority referred to in article 1. 4 paragraph 1. 1 Regulation (EC) No 2006/2004/EC.

3. the President of the Council of Ministers appointed by the President of the Office of the people identified in an open and competitive recruitment.

3A. the position of the President of the Office may be a person who: 1) has a master's degree in or equivalent;

2) is a citizen of Polish;

3) enjoys the full rights;

4) not been convicted by a final judgment for an intentional crime or tax intentional crime;

5) has the powers of leadership;

6) has at least 6-year length of service, including at least 3 years work experience in a managerial position;

7) has the education and knowledge of cases belonging to the property of the President of the Office.

3B. Information about the vacancy for the post of the President of the Office shall be by placing an advertisement in a publicly accessible place on the premises of the Office and in the Bulletin of public information Office and the Bulletin of public information the Chancellery. The advertisement should contain: 1) the name and address of the Office;

2) specifying the position;

3) requirements associated with the position arising from law;

4) the scope of the tasks that you perform on the job;

5) an indication of the required documents;

6) date and place for the submission of documents;

7) information on the methods and techniques of recruitment.

3 c. the term referred to in paragraph 1. 3B, paragraph 6, shall be not less than 10 days from the date of publication of the notice in the Bulletin of public information the Chancellery.

3D. The recruitment for the post of the President of the Office shall be carried out, the team, appointed by the head of the Chancellery of the authority of the President of the Council of Ministers, with at least 3 people whose expertise and experience give a guarantee to identify the best candidates. In the course of recruitment shall be assessed the candidate's professional experience, the knowledge necessary for the exercise of the tasks of the position, which is carried out recruitment and competence management.

3E. the assessment of the knowledge and competence management, referred to in paragraph 1. 3D, may be made on behalf of the team by a person other than a member of a team that has qualified to make this assessment.

3F. Team Member and the person referred to in paragraph 1. 3E are required to maintain the confidentiality of information about applicants for the position, obtained during the recruitment.

3 g in the course of the recruitment team emerges not more than 3 candidates, which shows the head of the Chancellery.

3 h from carried out the recruitment team draws up a protocol containing: 1) the name and address of the Office;

2) specifying the position, to which was recruitment, and the number of candidates;

3) names, the names and addresses of not more than 3 best candidates ranked according to the level of compliance with the requirements set out in the notice of vacancy;

4) about the applied methods and techniques of recruitment;

5) justification for selection or the reasons for the niewyłonienia candidate;

6) the composition of the team.

3. The result of recruitment shall be immediately by placing the information in the Bulletin of public information Office and the Bulletin of public information the Chancellery. Information about the outcome of the selection contains: 1) the name and address of the Office;

2) specifying the position, to which was recruitment;

3) first names, last names of selected candidates and their place of residence within the meaning of the provisions of the civil code or about niewyłonieniu.

3j. placing in the public information Chancellery of vacancies and the outcome of this selection is free of charge.

4. the President of the Council of Ministers is referenced by the President of the Office. The President of the Office the duties until the appointment of his successor.

5. (repealed) 6. The President of the Office shall carry out its tasks with the assistance of the Office of competition and consumer protection, hereinafter referred to as "the Office".

7. (repealed) 8. (repealed)



Article. 30. [S Office] 1. President of the Council of Ministers shall appoint Vice-Presidents of the Office out of people selected through an open and competitive recruitment. President of the Council of Ministers is referenced by the Vice-Presidents of the Office at the request of the President of the Office.

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


3. How to carry out recruitment for the posts referred to in paragraph 1. 1, shall apply mutatis mutandis the provisions of article 4. 29. 3A-3j.



Article. 31. [activity of the President of the Office] to the scope of the activities of the President of the Office shall be: 1) control compliance by traders to the provisions of the Act;

2) [15] the issue of decision in matters of restrictive practices, concentration of entrepreneurs, in recognition of the provisions of the master agreement is prohibited and practices infringing the collective interests of consumers, as well as other decisions provided for in this Act;

3) research State of concentration of the economy and the market behaviour of entrepreneurs;

4) preparing draft government development programmes and projects of the Government consumer policy;

5) cooperation with national and international authorities and organisations to which the scope must be the protection of competition and consumers;

6) performing the tasks and powers of the competition authority of the Member State of the European Union, laid down in Regulation No 1/2003/EC and Regulation (EC) No 139/2004/EC;

7) the implementation of the tasks and responsibilities of the competent authority and of the single Liaison Office Member State of the European Union, referred to in Regulation (EC) No 2006/2004/EC;

8) developing and submitting to the Council of Ministers draft legislation on competition and consumer protection;

9) submission to the Council of Ministers periodic reports on the implementation of government programs for the development of competition and consumer policy;

10) cooperation with local government bodies, in the field of Government consumer policy;

11) (repealed) 12) development and production of publications, and educational programs to promote their knowledge of competition and consumer protection;

13) [16] the presence of entrepreneurs in matters concerning the competition and consumer protection;

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

15) collection and dissemination of case-law in matters concerning the competition and consumer protection, in particular by contributing to the decision of the President of the Office on the Web site of the Office;

16) cooperation with the head of the National Centre for Criminal Information to the extent necessary for the implementation of its tasks laid down by law;

16A) cooperation with the Agency for the Cooperation of Energy Regulators, the competent authority for the regulation of fuel economy and energy and the competent authority in matters of supervision of the financial market, to the extent necessary for the performance of duties under a regulation of the European Parliament and of the Council (EU) No. 1227/2011 of 25 October 2011 on the wholesale energy market integrity and transparency (OJ. EU L 326 of 08.12.2011, p. 1);

17) perform other tasks provided for in this Act or legislation separate.



Article. 31A. [explanations and interpretations of] the President of the Office may issue and announce the explanations and interpretations that have significant implications for the application of the laws in matters falling within the scope of the activities of the President of the Office. Explanations and interpretations are published in the Bulletin of public information Office.



Article. 31B. [publication of decisions issued on the basis of the provisions of the Act] [17] the President of the Office shall publish on the website of the Office in the whole content of the decision issued on the basis of the provisions of the Act, provided that the publication of the justification does not include trade secrets, as well as other information to be protected on the basis of separate provisions. The publication is information, whether the decision is final.



Article. 31 c [Publication in public broadcasting], [18] the President of the Office may charge to publish in public broadcasting, in the form and time agreed upon with the appropriate public service broadcasting unit: 1) messages about behaviors or phenomena that may pose a significant threat to the interests of consumers;

2) the information for which the order was issued, as referred to in article. 73A paragraph. 2. Article. 31 d [Showing the Court relevant to case view in matters of competition and consumer protection] [19] the President of the Office, if it considers that the appeal of public interest, shows the Court relevant to case view in matters of competition and consumer protection.



Article. 32. (repealed) Article. 33. [the composition and functioning of the Office] 1. In the composition of the Office enters the Headquarters in Warsaw, the delegation Office in Bydgoszcz, Gdańsk, Katowice, Kraków, Lublin, Łódź, Poznań, Warsaw and Wrocław and laboratories overseen by the President of the Office.

2. The Office's directors guided by Delegations delegations.

3. the President of the Council of Ministers shall determine, by regulation, jurisdiction and venue in the delegations in matters concerning the activities of the President of the Office, having regard to the nature and number of cases occurring in the area.

4. Delegation Office in addition to the matters belonging to the their properties can handle other matters submitted to them by the President of the Office.

5. In particularly justified cases the President of the Office may matter belonging to the properties of the delegation to take or pass to attend another delegation of the Office or the matter that belongs to your property pass to attend indicated the delegation.

6. the decisions and provisions in matters concerning the properties of the delegations and the matters submitted by the President of the Office on the basis of paragraph 1. 5 Directors of delegations seem to on behalf of the President of the Office.



Article. 34. [Organization of Office] the Organization of the Office shall determine the statutes given, by Ordinance, by the President of the Council of Ministers.



Article. 35. [commercial inspection tasks] 1. (repealed)

2. (repealed) 3. The President of the Office may Commission the trade inspection verification or other jobs belonging to the scope of its activities.

4. (repealed) Article. 36. (repealed) Chapter 2 local government and consumer organisations Article. 37. [other institutions carrying out tasks in the field of the protection of consumer interests] tasks in the field of the protection of consumers ' interests to the extent specified by law, and separate rules perform well: local government, as well as consumer organisations and other institutions to which statutory or statutory tasks should be to protect the interests of consumers.



Article. 38. [local government Tasks] the task of local governments in the protection of consumer rights is to conduct consumer education.



Article. 39. [the District Government Jobs] 1. County Government jobs in the field of protection of consumers ' rights performs the district (municipal) consumer advocate, hereinafter referred to as "spokesperson for the consumers".

2. Counties may, by agreement, to create one common position spokesman of consumers.



Article. 40. [consumer advocate] 1. With consumer advocate employment relationship establishes the Governor or in the cities of counties President.

2. the spokesperson for the consumers may be the person who has higher education, in particular legal or economic, and at least a five-year apprenticeship.

3. Consumer advocate is directly subordinated to the people who helped (the President of).

4. the Consumer Ombudsman is organizationally in the structure of the District Office District (of the city), and in the districts of over 100 thousand. residents and in the cities of counties consumer advocate can do its job with the help of the extracted Office.

5. The remainder of the concerning the legal status of the consumer advocate shall apply the provisions of the Act of 21 November 2008 on the employees (OJ of 2014.1202).



Article. 41. (repealed) Article. 42. [Task of the Ombudsman consumers] 1. The tasks of the Ombudsman, consumers should be: 1) providing free consumer counseling and information legal protection of consumer interests;

2) submission of proposals on law-making and changes in local legislation in the field of the protection of consumers ' interests;

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

4) interaction with the competent local Authority delegations, trade inspection authorities and consumer organisations;

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

2. the consumer advocate may, in particular, to bring an action on behalf of consumers and join, with their consent, to the ongoing proceedings in cases concerning the protection of the interests of consumers.

3. Consumer advocate in cases of misconduct to the detriment of consumers is the public prosecutor within the meaning of the provisions of the Act of August 24, 2001 – the code of conduct in cases of offences (OJ of 2013.395, as amended).

4. Entrepreneur, to which turned consumer advocate, acting on the basis of paragraph 1. 1, paragraph 3, is obliged to provide the Ombudsman explanations and information subject to and respond to the comments and opinions of the Ombudsman.

5. The Consumer Ombudsman shall apply mutatis mutandis provision art. 63 the Act of 17 November 1964 – code of civil procedure.




Article. 43. [obligations of the Consumer Ombudsman] 1. Consumer advocate, by 31 March of each year, submit to the people who helped (the President of) to approve the annual report on its activities during the previous year and forward it to the competent local Authority delegation.

2. (repealed) 3. A consumer advocate is obliged to provide on a regular basis and Authority delegations indicate consumer protection issues that require action by the authorities of the Government.



Article. 44. [National Council of consumer advocates] 1. The President of the Office of works the National Council for consumer advocates, hereinafter referred to as "the Council".

2. the Council is an advisory body of the President of the Office Advisory in matters related to the protection of consumer rights at the level of local government district.

3. The Council shall, in particular: 1) presentation of proposals for legislative change directions in the provisions on protection of consumers ' rights;

2) expressing opinions on draft legislation or Government consumer policy directions;

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

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

4. the composition of the Board includes nine consumer advocates, one of the area of jurisdiction of delegations the Office of competition and consumer protection.

5. The members of the Council shall appoint and dismiss the President of the Office. The appointment is at the request of the directors of the delegations referred to in paragraph 1. 4, with the written consent of the recommended consumer advocates. In the case of cessation of function of the Ombudsman, consumers, membership in the Council expires.

6. Provision of the Council provides.

7. the Office returns the members of the Council the cost of travel to meetings of the Council, on the principles set out in the provisions on the duties conferred to an employee employed in State or local government budgetary sphere unit for business trips in the area of the country.

8. Mode of operation of the Council specifies the terms and conditions established by the President of the Office.



Article. 45. [consumer organisations] 1. Consumer organisations represent the interests of consumers to Government and local administration and may participate in the implementation of the Government's consumer policy.

2. the Organisations referred to in paragraph 1. 1, have in particular the right to: 1) expression of opinion about the projects of legal acts and other documents relating to the rights and interests of the consumers;

2) development and dissemination of consumer education programs;

3) testing products and services, and publishing the results thereof;

4) issue of magazines, research studies, brochures and leaflets;

5) conducting consumer counseling free of charge and the provision of free aid to consumers in the investigation of their claims, unless the statutes of the organization provides that this activity is done in return for payment;

6) participate in the work of standardization;

7) implementation of public tasks in the field of consumer protection, outsourced by government authorities and local administration;

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

3. the authorities of the Government and local administration are obliged to consult with consumer organisations in matters relating to the lines of action for the protection of consumers ' interests.



Article. 46. [annual grants purpose] the height of the annual grants purpose vehicles within the meaning of the provisions of the public finance, transferred from the State budget for the implementation of the tasks referred to in article 1. paragraph 45. 2 paragraph 7, shall be determined in the budget law in the part of the State budget, which have is the President of the Office.



SECTION VI Proceedings before the President of the Office Section 1 General provisions Article. 47. [procedure before the Office] [20] 1. The proceedings before the President of the Office shall be carried out as the investigation, antitrust proceedings, the proceedings on the recognition of the provisions of the master agreement to be illegal, or in the case of practices that violate the collective interests of consumers.

2. The investigation may precede the antitrust proceedings, the proceedings on the recognition of the provisions of the master agreement for illegal or legal proceedings on practices that violate the collective interests of consumers.



Article. 48. [the investigation] 1. The President of the Office may initiate ex officio, by the way, the investigation, if the circumstances indicate the possibility of infringement of the provisions of the Act, in matters relating to specific sectors of the economy, in matters relating to the protection of consumers ' interests, and in other cases, where the law so provides.

2. The investigation can be aimed in particular: 1) the initial determination of whether there has been a breach of the provisions of the Act to justify the initiation of an antitrust proceedings, including whether the case is a cartel;

1A) [21] the initial determination of whether there has been a breach of to justify the initiation of a procedure for the recognition of the provisions of the master agreement is not allowed;

2) to determine whether a violation has occurred to justify the initiation of an investigation into practices that violate the collective interests of consumers;

3) market research, including its structure and degree of concentration;

4) the provisional determination of the existence of the obligation to notify a concentration;

5) to determine whether an infringement has taken place legally protected interests of consumers to justify the measures specified in separate laws.

3. the termination of the investigation is on the way.

4. The investigation should not last longer than 4 months, and in particularly complex cases – no more than 6 months from the date of its opening.

5. In the case referred to in paragraph 1. 2, paragraph 3, the provisions of paragraph 1. 4 and art. 35 of the law of 14 June 1960 – administrative procedure code (Journal of laws of 2013.267 and 2014.183 and 1195) does not apply.



Article. 49. [antitrust Proceedings] 1. [22] antitrust Proceedings in matters of restrictive practices, the proceedings in the matters of practices that violate the collective interests of consumers, the proceedings in cases of recognition of the provisions of the master agreement is not allowed and the imposition of financial penalties shall be initiated ex officio.

2. antitrust Proceedings in matters of the concentration shall be initiated upon request or ex officio.



Article. 49A. [to entrepreneurs in matters concerning the competition and consumer protection] [23] 1. The President of the Office, without initiating the procedure, may apply to the entrepreneurs in matters concerning the competition and consumer protection.

2. The trader, to which the President of the Office has requested the instance, you may within the time specified by the President of the Office pass the position on which the instance.

3. the period referred to in paragraph 1. 2, may not be less than 14 days from the date of receipt by the operator instance.



Article. 50. [obligations for traders] 1. Entrepreneurs are required to pass all necessary information and documents at the request of the President of the Office.

2. The request referred to in paragraph 1. 1, should contain: 1) an indication of the scope of the information;

2) pointing to the request;

3) an indication of the deadline to provide information;

4) letter of the sanctions for failure to provide information or for providing false or misleading information.

3. everyone has the right to submit in writing-on its own initiative or at the request of the President of the Office-an explanation of the relevant circumstances of the case.



Article. 51. [Evidence in proceedings before the President of the Office] 1. Evidence from the document in the proceedings before the President of the Office may just be the original document or a copy certified by a public authority, notary, lawyer, legal adviser, tax adviser, patent attorney or an authorized employee of the trader.

2. evidence in the proceedings before the President of the Office is a document prepared in Polish language, subject to paragraph 2. 3.3. If the document has been drawn up in a foreign language, you must submit certified by a sworn translation into Polish of this document or parts thereof which constitute evidence in the case.



Article. 52. [obligations] 1. The party invoking on the evidence of the witnesses, shall indicate the facts that have to be confirmed by the testimony of the various witnesses, and provide data to the correct call a witness.

2. the President of the Office, calling the witness, given in the summons of a first name, last name and place of residence requested, place and time of the silent, specifies the parties and subject matter of the case and the provisions on criminal liability for perjury.



Article. 53. [Protocol witness] 1. Witness testimony, after writing to the Protocol, he will read and, as appropriate, on the basis of his comments supplemented or corrected.

2. Protocol of the witness shall be signed by the witness and questioning an employee of the Office.



Article. 54. [Seek expert opinion] 1. In cases requiring special messages the President of the Office shall, after hearing the proposals the parties as to the number of experts and their choice, may invite one or more experts to obtain their opinion.


2. The experts, within the meaning of paragraph 1. 1, can also be a legal person specialised in a particular field.



Article. 55. [the expert Exemption] a party may request the exclusion of the statutory reasons, with which you can request the exclusion of the employee of the Office, to complete the tasks of an expert. The applicant for exemption of an expert after the start by him is obliged to document/substantiate that the reason for the exclusion was established later or that was not previously known to it.



Article. 56. [Provide the expert the case file and object inspection] the President of the Office may order the presentation of the expert the case-file and the subject of the inspection. The provisions of article 4. 71 paragraph 1. 1 shall apply mutatis mutandis.



Article. 57. [opinion] 1. Expert opinion should include a justification.

2. Experts may submit an opinion.



Article. 58. [the expert's Remuneration] 1. The President of the Office shall grant the statutory compensation under the provisions of the cost of carrying out expert evidence in court proceedings, subject to the provisions of paragraph 2. 3.2. The President of the Office may impose on the party that has submitted a request for the taking of evidence of an expert opinion, the obligation to advance towards the expenses of an expert.

3. If it has not been issued a decision finding the use of practices restricting competition or that violates the collective interests of consumers, wage costs of the expert shall be borne by the State Treasury.



Article. 59. [opinion research unit] 1. The President of the Office may ask for an opinion of the scientific unit within the meaning of the principles of funding science.

2. In the opinion of the Unit indicates the person or persons who have carried out research and issued an opinion.

3. The provisions of article 4. 54 to 58 shall apply mutatis mutandis.



Article. 60. [Hearing in the course of proceedings] 1. The President of the Office may carry out in the course of the proceedings the hearing.

2. The hearing referred to in paragraph 1. 1, is an explicit, subject to paragraph 2. 4.3. The President of the Office may call for trial and to hear the parties, witnesses and consult experts.

4. The hearing referred to in paragraph 1. 1, is an implicit, if when it dealt with information constituting secret enterprises, as well as other secrets protected on the basis of separate provisions. The provisions of article 4. 153 and 154 of the Act of 17 November 1964 – code of civil procedure shall apply mutatis mutandis.



Article. 61. [help District Court] the President of the Office may request the examination of witnesses or experts to be consulted locally competent circuit court, if there is the nature of the evidence or the sake of serious disturbances, or a significant amount of costs evidence. The President of the Office, asking the Court to take evidence, it seems that provision, in which specifies: 1) the Court which is to take evidence;

2) evidence;

3) facts which are subject to confirmation.



Article. 62. (repealed) Article. 63. (repealed) Article. 64. (repealed) Article. 65. (repealed) Article. 66. (repealed) Article. 67. (repealed) Article. 68. (repealed) Article. 69. [Limitation of access to evidence] 1. The President of the Office shall, on request or of its own motion, may, by order, to the extent necessary to restrict the right to inspect the evidence annexed to the documents in the case, if sharing this material would disclosure of trade secrets, as well as other secrets to be protected on the basis of separate provisions.

2. The restriction referred to in paragraph 1. 1, also applies to the materials incorporated into the proceedings on the basis of article. 73 paragraph 2. 5.3. The order made pursuant to paragraph 1. 1 have a complaint.

4. the request for limitation of the right of access to evidence consists of and the reasons for it and the version of the document does not contain information of the kind covered by the limitation referred to in paragraph 1. 1, with an appropriate annotation.

4A. If a request does not meet the requirements referred to in paragraph 1. 4, the President of the Office invites the applicant to be completed within the prescribed period. If not submitted within the prescribed time limit version of a document referred to in paragraph 1. 4, the application is left without consideration.

5. [24] Parties and stakeholders shall be evidence that does not contain the information of the kind covered by the limitation referred to in paragraph 1. 1, with an appropriate annotation.



Article. 70. [information sharing and evidence] 1. All the information and evidence obtained by the President of the Office in relation to the application of article 2. 89A. 113A-113k, including information about the occurrence of the entrepreneur or manager about waiving assessment of penalty or its reduction and information obtained in the procedure for the voluntary surrender of the monetary penalty, not subject to availability, subject to paragraph 2. 2 and 3.

2. the President of the Office provides to the parties to the information and evidence referred to in paragraph 1. 1, before issuing a decision.

3. The provisions of paragraph 1. 1 shall not apply where the entrepreneur or manager requesting a waiver from the assessment of penalty or its reduction or the operator or the person who manages your joining procedure on the voluntary surrender of the monetary penalty express written consent to the disclosure of information and evidence referred to in paragraph 1. 1.4. Documents that contain information and evidence is a statement of the trader or the person who manages your applying for a waiver of the assessment of penalty or its reduction and an entrepreneur or a management acceding to the procedure for the voluntary surrender of a monetary penalty may be copied by a party only if the operator or the person who manages agree in writing.

5. The information and evidence referred to in paragraph 1. 4, can be made handwritten notes about how many page them preparing it undertakes to use the information solely for the purposes of proceedings before the President of the Office or of the proceedings before the Court operated as a result of an appeal in the case.

6. the information and evidence referred to in paragraph 1. 1, are not subject to availability in the provisions of the Act of 6 September 2001 on access to public information.



Article. 71. [obligation to protect trade secrets and information] 1. The Office's employees are required to protect trade secrets, as well as other information, to be protected on the basis of separate provisions, which they post in the course of the proceedings.

2. The provisions of paragraph 1. 1 shall not apply to information that is publicly available, information about the initiation of the proceeding and the decision ending the proceedings and their findings.

3. the provisions of paragraphs 1 and 2. 1 and 2 shall also apply to the staff of the commercial inspection and other people involved in the inspection referred to in article 1. 105a paragraph. 2. Article. 72. [obligation to public administrations] public administration bodies are obliged to provide to the President of the Office in their possession Act and information relevant to the proceedings before the President of the Office.



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

2. the provision of paragraph 1. 1:1) does not apply to criminal proceedings in publicznoskargowym mode or penal proceedings-IRS;

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

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

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

5) transmission of information to competent authorities, which may indicate a breach of the rules.

3. The President of the Office provides the regulatory authorities in the field of telecommunications and postal services market and economy fuels and energy, hereinafter referred to as the "regulators", the information, including the results of research and market analysis, necessary in the proceedings carried out by these bodies, with the exception of information: 1) for which the obligation of confidentiality arises from international commitments, in particular the information obtained in the course of proceedings initiated on the basis of article. 101 or article. 102 TFEU;

2) obtained in connection with the application of article 2. 89A. 113A-113k.

4. the regulatory authorities are obliged to protect information obtained pursuant to paragraph 1. 3, in particular, this information may not be used in proceedings other than those carried out by the regulatory authorities. The provisions of article 4. 69 and 71 shall apply mutatis mutandis.

5. information obtained in the course of the proceedings of the competition authority of a Member State of the European Union can be used in the course of that procedure on the conditions under which have been provided by the authority, including the failure information to impose sanctions on certain people.

6. The President of the Office shall notify the parties of the completion of the as evidence information obtained in the course of another carried out by him in the proceedings.




Article. 73A. [to the public information about the infringement of the collective interests of consumers by the entrepreneur] 1. If the information gathered in the course of the proceedings on the practices that violate the collective interests of consumers, it appears that there is a particularly reasonable suspicion that the trader shall be permitted to practice that violates the collective interests of consumers, which may cause significant loss or adverse effects for a wide range of consumers, the President of the Office shall make public, including on the website of the Office, collected in the course of the proceedings about this behavior and its likely consequences.

2. the decision of the Administration to make public the information referred to in paragraph 1. 1, followed by the way. On this page you can use the complaint.



Article. 74. [taking into account the allegations of] the President of the Office shall, by issuing a decision ending the proceedings takes into account only the allegations, to which the parties can comment.



Article. 75. [adjudicate] 1. The President of the Office shall discontinue proceedings, by way of the provisions, in the case of: 1) withdrawal of notification of a concentration of entrepreneurs;

2) non-imposition of the financial penalty, referred to in article 1. 106 paragraph 1. 2, art. 107 and 108;

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

2. the President of the Office may, by order, terminate the proceedings for the settlement of a matter by the competent competition authority of a Member State of the European Union.



Article. 76. [Inadmissibility proceedings] There shall be initiated, subject to article 22. 93, art. 99f. 105, the proceedings, if 5 years have passed since the end of the year in which: [25] 1) committed a breach of the provisions of the Act;

2) an application was made for a decision on the imposition of a penalty.



Article. 77. [costs] 1. If, as a result of the proceedings, the President of the Office found violation of the provisions of the Act, an entrepreneur who has committed this violation, and the person who manages, referred to in article 1. 6a, shall be required to bear the costs of the proceedings.

2. In particularly justified cases the President of the Office may impose on the page was required to return only part of the costs or not to impose its costs.



Article. 78. [obligation to reimburse the costs induced by niesumiennym or misconduct] the President of the Office may, irrespective of the outcome of the case, impose on the page was the obligation to reimburse the costs caused by its niesumiennym or misconduct, and in particular the costs arising from the repeal from the explanations or clarifications which are incompatible with the truth, concealment or delayed the appointment of evidence.



Article. 79. [opinions and scientific units] the cost of the necessary opinions and research units within the meaning of the financing policy in matters relating to the concentration shall be borne by the trader involved in the concentration.



Article. 80. [settlement of costs] the President of the Office shall decide about the cost, by means of provisions that may be included in the decision ending the proceedings.



Article. 81. [appeal] 1. The decision of the President of the Office may be appealed to the District Court in Warsaw – the Court of competition and consumer protection, hereinafter referred to as "the Court of competition and consumer protection", within one month from the date of its delivery.

2. in the case of an appeal against a decision of the President of the Office shall forward them, together with the acts to court for competition and consumer protection immediately, but no later than within 3 months from the date of filing the appeal.

3. If the President of the Office finds a reference, can-not by passing the Act of the Court – to repeal or amend its decision in whole or in part, and shall, without delay, notify the page by uploading a new decision against which the appeal. Avoiding or changing the decision, the President of the Office notes at the same time, whether this decision was released without legal basis or with a blatant violation of the law.

3A. in the case of an appeal against a decision, taking into account the final position of the parties of a voluntary submission to the monetary penalty, the President of the Office, not by passing the Act of the Court in the event of: 1) the discretion of the appeal to be right: a) repeals its decision in accordance with the rules laid down in paragraph 1. 3, or b) changes its decision, in whole or in part, in accordance with the rules laid down in paragraph 1. 3, by changing it also in terms of penalty; penalty shall be imposed in the amount in which it would be applied, if the party does not voluntarily surrendered to the monetary penalty;

2) non-recognition of the appeal right-changes its decision regarding penalty, setting it to the extent that would be imposed if the party does not voluntarily surrendered to the monetary penalty, which shall immediately notify the page by uploading a new decision which may be appealed.

4. Before passing the appeal to the Court of competition and consumer protection or to repeal or change the decision on the basis of paragraph 1. 3 or 3a, the President of the Office may also, in appropriate cases, to perform additional steps to clarify the allegations raised in the appeal.

5. The provisions of the President of the Office, which shall be entitled to appeal, the provisions of paragraph 1. 1 – 3 and 4 shall apply mutatis mutandis, except that the complaint shall be filed within a week of the date of service of the order.



Article. 82. [exclusion of application of the provisions of the administrative procedure code] 1. The decision of the President of the Office of the website does not have the legal means provided for in the administrative code of conduct decision emotion, on which the proceedings are resumed, the repeal, amendment or annulment of the decision.

2. the provision of paragraph 1. 1 shall apply mutatis mutandis to the provisions of the President of the Office.



Article. 83. [the application of the provisions of the administrative procedure code] in matters not regulated by this Act to the proceedings before the President of the Office shall be governed by the law of 14 June 1960 – administrative procedure code, subject to article 22. 84. Article. 84. [the application of the provisions of the code of civil procedure] in matters relating to evidence in the proceedings before the President of the Office in the field of unregulated in this chapter shall apply mutatis mutandis to article. 227 – 315 Act of 17 November 1964 – code of civil procedure.



Article. 85. [the application of the provisions of the Act], the provisions of this chapter shall apply mutatis mutandis in cases impose financial penalties for infringement of the provisions of the Act.



Chapter 2 antitrust Proceedings in matters of restrictive practices Article. 86. [notice regarding suspected anti-competitive practices] 1. Anyone can report to the President of the Office in writing notice concerning suspicion of anti-competitive practices and the reasons for it.

2. The notice referred to in paragraph 1. 1 may include, in particular: 1) an indication of the entrepreneur, who is the alleged use of practices restricting competition;

2) a description of the facts which is the basis for the notification;

3) an indication of the provision of the Act or of the TFEU, which the applicant alleges infringement notice;

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

5) the data identifying the applicant notice.

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

4. The President of the Office shall forward the applicant a notice within the period specified in article 1. 35-37 of the law of 14 June 1960 – code of administrative procedure, information in writing on how to consider the notification and the reasons for it.



Article. 87. [Cases in which you can not bring antitrust proceedings] 1. The President of the Office, in accordance with article 5. 11 (1). 6 of Regulation No 1/2003/EC shall be initiated by the antitrust proceedings, where: 1), the European Commission conducts the proceedings in the same case;

2) case was decided by the European Commission.

2. the President of the Office, in accordance with article 5. 13 of Regulation No 1/2003/EC, may not bring antitrust proceedings, where: 1) the competent competition authority of another Member State of the European Union conducts the proceedings in the same case;

2) case was decided by the competent competition authority of another Member State of the European Union.

3. If in the case referred to in paragraph 1. 2, paragraph 1, the President of the Office has opened antitrust proceedings in the case, may, by order, suspend the proceedings pending a decision by the competent competition authority of another Member State of the European Union.



Article. 88. [Parties] 1. Party to the proceedings is anyone to whom was initiated proceedings on restrictive practices.

2. the President of the Office shall make an order about the antitrust proceedings and shall notify the parties.

3. In cases of restrictive practices, referred to in article 1. 6 paragraph 1. 1 paragraph 1-6 of the Act, or in the article. 101 paragraphs 1 and 2. 1 (b). a-e of the TFEU, the President of the Office shall initiate one antitrust proceedings on: 1) breach by the prohibition referred to in those provisions;

2) release by the person who manages to breach this prohibition by the trader.


4. the provision of paragraph 1. 3 shall also apply in cases where the President of the Office has a message about the circumstances indicating that the release by the person who manages to breach by the prohibitions referred to in article 1. 6 paragraph 1. 1 paragraph 1-6 of the Act, or in the article. 101 paragraphs 1 and 2. 1 (b). a-e TFEU antitrust proceedings on violation of these prohibitions by the trader.



Article. 89. [Commitment of the entrepreneur to refrain from certain actions in order to prevent threats] 1. If in the course of antitrust will be ascertained, that the continuation of the alleged practice could cause serious and difficult to remove the threat to competition, the President of the Office before the end of the trial the cartel may by decision require the trader, who is the alleged use of the practice, to refrain from certain actions in order to prevent these threats. Appeal shall not prevent the enforcement of a decision. Before the release of the decision shall not be entitled to notice of the collected evidence and materials and the reported requests referred to in article 2. 10 of the law of 14 June 1960-code of administrative procedure.

2. The decision referred to in paragraph 1. 1, the President of the Office shall determine the duration of the contract. This decision is valid no longer than until a decision that ends the proceedings in the case.

3. The President of the Office may extend, by means of a decision, the duration of the decision referred to in paragraph 1. 1. the provision of paragraph 1. 2, second sentence, shall apply mutatis mutandis.

4. [26] in the decision referred to in paragraph 1. 1, does not impose the penalties referred to in article 1. 106 paragraph 1. 1 paragraphs 1 and 2.

5. [27] in the case of an appeal against a decision as referred to in paragraph 2. 1, the President of the Office shall forward them, together with the acts 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 recognizes the appeal within 2 months from the date of communication of the appeal by the President of the Office.



Article. 89A. [Voluntary submission to monetary penalty] 1. Before the end of the cartel proceedings the President of the Office may occur, of its own motion or at the request of a party, to all of the parties a proposal for accession to the procedure of voluntary surrender of a monetary penalty, if it considers that the application of this procedure will help to speed up the proceedings.

2. in the event of the page was a request referred to in paragraph 1. 1, the President of the Office within 14 days inform this page was to initiate or refuse to initiate the procedure of voluntary surrender of a monetary penalty.

3. Where the procedure referred to in paragraph 1. 1, the amount of penalty which may be imposed on a page whose final position, referred to in paragraph 1. 7, has been included in the content of the decision, shall be reduced by 10% in relation to the penalty, which would be imposed on the basis of article. 106 paragraph 1. 1 paragraph 1 or 2, or article. 3 CROMAC place, paragraph 1. 1, it had not surrendered voluntarily.

4. Page shows the position to the proposal of the President of the Office, referred to in paragraph 1. 1, within 14 days from the date of its delivery.

5. in the case of consent to the accession to the procedure of voluntary surrender of monetary penalty the President of the Office shall inform the party that this consent expressed, the provisional findings concerning antitrust and the expected content of the decision, including the amount of the financial penalty reduced in accordance with paragraph 1. 3, what is on the page was imposed on the basis of article. 106 paragraph 1. 1 paragraph 1 or 2, or article. 3 CROMAC place, paragraph 1. 1, as well as of the consequences of an appeal arising under article 3 (4). 81 paragraphs 1 and 2. 3A. the provision of paragraph 1. 4 shall apply mutatis mutandis.

6. The President of the Office after hearing the parties again passes the information to the extent referred to in paragraph 1. 5, taking into account the information and evidence it presented. The provision of paragraph 1. 4 shall apply mutatis mutandis.

7. After hearing the parties to the information referred to in paragraph 1. 6, the President of the Office calls on it to take within the prescribed period, not less than 14 days, the final position on the voluntary surrender of the monetary penalty.

8. the final position, referred to in paragraph 1. 7, include a declaration by the parties of a voluntary submission to the monetary penalty and confirmation: 1) the amount of the financial penalty is accepted by the party;

2) inform Parties about alleged breaches of it and giving the position, as well as being about the effects of appeal under art. 81 paragraphs 1 and 2. 3A. 9. The President of the Office shall take into account the final position, referred to in paragraph 1. 7, in the body of the decision referred to in article 1. 10, subject to paragraph 2. 10 and 11.

10. The President of the Office may waive the application of the procedure in the case of voluntary surrender to the monetary penalty at any stage, if it considers that its use does not contribute to speed up the proceedings, and shall inform without delay the page was involved in this procedure.

11. a party may withdraw from participation in the procedure for the voluntary surrender of the monetary penalty on every stage, inform the President of the Office.

12. All the information and evidence obtained by the President of the Office in connection with the application of the procedure of voluntary surrender to the monetary penalty, having the character of a statement page involved in this procedure cannot be used as evidence in the proceedings, in other proceedings conducted by the President of the Office and in the proceedings on the basis of separate provisions, in the cases referred to in paragraph 1. 10 or 11.



Article. 90. [Rigor immediate enforceability] the President of the Office may give the rigor of immediate enforceability in whole or in part, where this is necessary for the protection of competition or important interest of consumers.



Article. 91. [Search] 1. If there are reasonable grounds to believe that the dwelling or in any other room, real estate or the means of transport are stored objects, files, books, documents and computer storage media within the meaning of the provisions on information technology activities of bodies pursuing public tasks that may have an impact on the determination of the facts relevant to the proceedings, the Court of competition and consumer protection may, at the request of the President of the Office, grant permission to carry out the search in this to make the classes of items that could be evidence in the case by police officers. The provisions of article 4. the older 105n paragraph. 3 and 4 shall apply mutatis mutandis.

2. In the search, as referred to in paragraph 1. 1, also takes part authorized employee or other person referred to in article 1. 105a paragraph. 2.3. The police, on the order of the Court of competition and consumer protection, shall carry out the activities referred to in paragraph 1. 1.4. In terms of unregulated by law to search referred to in paragraph 1. 1, the provisions of the Act of 6 June 1997-the code of criminal procedure (Journal of laws No. 89, item 555, as amended) applicable to search shall apply mutatis mutandis.



Article. 92. [Antitrust] antitrust Proceedings in matters of restrictive practices should be completed not later than within 6 months from the date of its opening. The provisions of article 4. 35 to 38 of the law of 14 June 1960-code of administrative procedure shall apply mutatis mutandis.



Article. 93. [Limitation] 1. Do not initiate proceedings on restrictive practices, if from the end of the year in which you no longer use, it took 5 years.

2. There shall be initiated proceedings for restrictive practices against the person, if the end of the year in which ceased the behavior specified in the article. 6a, it took 5 years.



Chapter 3 of the antitrust Proceedings in matters of the concentration Article. 94. [prior notification of a concentration] 1. Party to the proceedings is anyone who reports, in accordance with paragraph 1. 2, going to concentrate.

2. Notification of the merger shall: 1) connecting entrepreneurs-in the case referred to in article 1. 13 paragraph 1. 2, paragraph 1;

2) entrepreneur gaining control-in the case referred to in article 1. 13 paragraph 1. 2 paragraph 2;

3) together all entrepreneurs taking part in creating the joint venture-in the case referred to in article 1. 13 paragraph 1. 2, paragraph 3;

4) trader purchasing part of the property of another trader, in the case referred to in article 2. 13 paragraph 1. 2 paragraph 4.

3. where the concentration shall entrepreneur dominant through at least two entrepreneurs, application of this concentration makes the entrepreneur dominant.

4. applications for antitrust proceedings in matters of the concentration of the trader to pay the fees. If with a complex proposal will not paid the fee, the President of the Office invites the applicant to pay the fee within 7 days, with the instruction that the failure to pay the fee will result in leaving the application without consideration.

4A. The fee referred to in paragraph 1. 4, are non-refundable in the case of a refund application for antitrust proceedings in cases of concentration or does not proceed.

5. The fee referred to in paragraph 1. 4, are revenue of the State budget.

6. the Council of Ministers shall determine by regulation:


1) the specific terms and conditions, which should correspond to a prior notification of a concentration, including a list of information and documents, that it should contain, taking into account the specific nature of the activities carried out by different types of traders, in particular by financial institutions;

2) the amounts of the fees referred to in paragraph 1. 4, and their payment, whereas they were not barriers to entrepreneurs in terms of making the concentration.



Article. 95. [powers of the President of the Office] 1. The President of the Office: 1) returns a prior notification of a concentration of entrepreneurs, if going to a concentration shall not be subject to notification;

2) may, within 14 days, prior notification of a concentration of entrepreneurs, if you do not comply with the conditions, which should match;

3) may invite the applicant going to concentration to remove identified deficiencies in the application or supplement it with the necessary information within the time limit;

4) may request prior notification of a concentration of entrepreneurs, if, despite the request on the basis of paragraph 3 the applicant going to concentration does not remove identified deficiencies or complements the information within the prescribed period.

2. (repealed) Article. 96. [Time antitrust matters concentration] 1. Antitrust proceedings in cases of concentration should be completed within one month from the date of its opening.

2. for the period referred to in paragraph 1. 1 does not count toward the waiting periods: 1) filing by other parties to the concentration;

2) solving deficiencies or supplement the information referred to in article 1. 95 paragraph 1. 1 paragraph 3;

3) the payment of a fee referred to in article 1. 94 paragraph 1. 4. Article. 96A. [renewal of proceedings] 1. On: 1) it is particularly complicated, 2) for which the information contained in the Declaration of concentration or other information, that obtained by the President of the Office in the course of ongoing investigations, it appears that there is a reasonable probability of a substantial reduction of competition on the market as a result of the implementation of the concentration or 3) requiring market research – the date of completion of the proceedings shall be extended by 4 months.

2. In the cases referred to in paragraph 1. 1 the President of the Office extends the time limit for completion of the proceedings by the provisions, which do not have a complaint. The order requires justification.

3. In cases in which there is a reasonable chance a significant restriction of competition on the market as a result of the implementation of the concentration, the President of the Office presents the entrepreneur or entrepreneurs participating in the concentration of reservations to that concentration. Presentation of reservations must be justified.

4. The trader may respond to the objections within 14 days from the date of their delivery. The President of the Office, at the reasoned request of the entrepreneur, extends the term of not more than 14 days.

5. The President of the Office may provide a trader or traders participating in the concentration conditions referred to in article 1. 19 paragraph. 2. the provision of paragraph 1. 4 shall apply mutatis mutandis.

6. The trader involved in the concentration may present the conditions referred to in article. 19 paragraph. 2, and commit yourself to meet them. These conditions may be presented also in the position of the entrepreneurs concerning the conditions proposed by the President of the Office.

7. The lack of a position trader, its negative position as to the conditions set out by the President of the Office by the President of the Office and accept the conditions set out by the entrepreneur make a decision referred to in article 1. 20(2). 1.8. The time limit referred to in paragraph 1. 1 does not count toward the waiting periods: 1) solving deficiencies or supplement the information referred to in article 1. 95 paragraph 1. 1 paragraph 3;

2) address provided by the President of the Office of the reservations referred to in paragraph 1. 3, or conditions referred to in article 1. 19 paragraph. 2.9. In the case of the trader of the conditions referred to in article 1. 19 paragraph. 2, the period referred to in paragraph 1. 1 shall be extended for 14 days.



Article. 97. [Hold the implementation of the concentration to the release by the President of the Office of the decision or the expiration of] 1. The entrepreneur, whose going to a concentration is subject to notification, are required to withhold from the implementation of the concentration to the release by the President of the Office the decision or the expiry of the period within which the decision should be released.

2. Legal action, on the basis of which is to receive the focus, may be made subject to the issue by the President of the Office, by way of decision, consent to the concentration or the expiry of the periods referred to in article 1. 96 or article. 96A. 98. [the realization of a public offer for the purchase or conversion of shares] does not constitute an infringement of the obligation referred to in article 2. 97 paragraph 1. 1, the implementation of a public bid to purchase or Exchange shares, declared to the President of the Office pursuant to article. 13 paragraph 1. 1, if the purchaser does not use voting rights resulting from the acquired shares or it does so only to maintain the full value of their capital investment or to prevent serious damage, which may arise in the entrepreneurs participating in the concentration.



Article. 99. [the Division of trader decision] in the event of non-performance of the decision referred to in art. 21(1). 1 or 4, the President of the Office may, by decision, divide the trader. To the Division of the company shall apply mutatis mutandis the provisions of article 4. 528-550 of the Act of 15 September 2000-commercial code (Journal of laws of 2013.1030, as amended). The President of the Office shall have the powers of the bodies of the companies involved in the Division. The President of the Office may also apply to the Court for annulment of the contract or take other legal measures to restore the previous state.



@ZM1 @ Chapter 3a @ ZM2 @ @ZM1 @ the proceedings in cases of recognition of the provisions of the master agreement for illegal ZM2 article @ @ 99A. [notice regarding suspected violations of the prohibition of] [29] 1. The consumer, consumer advocate, the Insurance Ombudsman, consumer organisation or international organisation registered in the list of eligible organizations in the countries of the European Union to initiate proceedings for the recognition of the provisions of the master agreement, published in the official journal of the European Union, if the target it justifies an instance of it with the notice relating to patterns of contracts used in the Republic of Poland, threatening the interests of consumers in the Member State where the organisation has its headquarters may report to the President of the Office in writing a notice regarding a suspected infringement of the prohibition referred to in article 2. 23A. 2. The notice referred to in paragraph 1. 1, includes: 1) an indication of the entrepreneur, which alleged is the use of unauthorized provisions of the master agreement;

2) a description of the facts which is the basis for the notification;

3) an indication of the provisions of the master agreement, in breach of the prohibition referred to in article 2. 23A;

4) prima facie evidence of infringement of the prohibition referred to in article 1. 23A;

5) the data identifying the applicant notice.

3. The provisions of article 4. 86 paragraph 1. 3 and 4 shall apply.



Article. 99b. [procedure] [30] 1. Party to the proceedings is anyone to whom was initiated proceedings on the recognition of the provisions of the master agreement is not allowed.

2. the President of the Office shall make an order to initiate proceedings on the recognition of the provisions of the master agreement and shall notify the parties.



Article. 99 c [to participate in the proceedings as a party concerned] [31] 1. The President of the Office may allow participation in the proceedings in the nature of the entity the entity concerned entitled to submit notification if it finds that the participation of such a body in the proceedings may help to clarify the matter.

2. To participate in the proceedings as the subject is concerned, at the request of the party entitled to submit the notification.

3. Admission or refusal of authorisation to participate as the subject is concerned by provisions that have the complaint.

4. The President of the Office shall be notified of the release to participate of the entity concerned.

5. the interested party has the right to submit documents and explanations as to the circumstances of the case.

6. the interested party has the right of access to documents in the case.

7. The President of the Office shall inform the party concerned on how to settle the matter. The company does not have the right to appeal the decision.



Article. 99 d. [Giving decision rigor immediate enforceability] [32] the President of the Office may give a decision, in whole or in part, the rigor of immediate enforceability, if required by the important interest of consumers.



Article. 99E. [the term of proceedings] [33] on the recognition of the provisions of the master agreement to be allowed should be completed within a period of 4 months, and on particularly complex-not later than 6 months from the date of its opening. The provisions of article 4. 35 to 38 of the law of 14 June 1960-code of administrative procedure shall apply mutatis mutandis.



Article. 99f. [Statute] [34] does not initiate proceedings on the recognition of the provisions of the master agreement is not allowed, if the end of the year in which their use has been discontinued, it's been 3 years.



Chapter 4 Proceedings in matters relating to practices that violate the collective interests of consumers


Article. 100. [notice regarding suspected practices infringing the collective interests of consumers] 1. Anyone can report to the President of the Office in writing notice concerning suspicion of practices that violate the collective interests of consumers.

2. The notice referred to in paragraph 1. 1, may also declare a foreign organisation registered in the list of eligible organisations in Member States of the European Union to submit an application for the initiation of the proceeding, that was published in the official journal of the European communities, if the target it justifies the application by it of notice alleging infringement arising from unlawful omissions or actions taken on the territory of the Republic of Poland, threatening the collective interests of consumers in the Member State where the organisation has its seat.

3. The provisions of article 4. 86 paragraph 1. 2-4 shall apply mutatis mutandis.



Article. 101. [Parties] 1. Party to the proceedings is anyone to whom was initiated proceedings on practices that violate the collective interests of consumers.

2. the President of the Office shall make an order of initiation practices that violate the collective interests of consumers and shall notify the parties.



Article. 101a. [Commitment of the entrepreneur to refrain from certain actions in order to prevent threats] [35] 1. If in the course of the proceedings on the practices that violate the collective interests of consumers will be ascertained, that the continuation of the alleged practice could cause serious and difficult to remove the threat to the collective interests of consumers, the President of the Office before the end of the trial on practices that violate the collective interests of consumers may, by decision, require the trader, who is the alleged use of the practice, to refrain from certain actions in order to prevent these threats. Appeal shall not prevent the enforcement of a decision. Before the release of the decision shall not be entitled to notice of the collected evidence and materials and the reported requests referred to in article 2. 10 of the law of 14 June 1960-code of administrative procedure.

2. The decision referred to in paragraph 1. 1, the President of the Office shall determine the duration of the contract. This decision is valid no longer than until a decision that ends the proceedings in the case.

3. The President of the Office may extend, by means of a decision, the duration of the decision referred to in paragraph 1. 1. the provision of paragraph 1. 2, second sentence, shall apply mutatis mutandis.

4. The decision referred to in paragraph 1. 1, does not impose the penalties referred to in article 1. 106 paragraph 1. 1 paragraph 4.

5. The provisions of article 4. 89 para. 5 and 6 shall apply mutatis mutandis.



Article. 102. (repealed) Article. 103. [Rigor immediate enforceability] the President of the Office may give a decision, in whole or in part, the rigor of immediate enforceability, if required by the important interest of consumers.



Article. 104. [pending trial on the practice that violates the collective interests of consumers] proceedings on practices that violate the collective interests of consumers should be completed within a period of 4 months, and on particularly complex-not later than 6 months from the date of its opening. The provisions of article 4. 35 to 38 of the law of 14 June 1960-code of administrative procedure shall apply mutatis mutandis.



Article. 105. [Statute] [36] do not initiate proceedings on practices that violate the collective interests of consumers, if the end of the year in which their use has been discontinued, it's been 3 years.



Chapter 5 monitoring and searches in the course of the proceedings before the President of the Office Article. 105a. [Control in the course of proceedings] 1. In the course of the proceedings before the President of the Office may be carried out by an authorised employee of the Office or the trade inspection, hereinafter referred to as "controlling", control on each entrepreneur, hereinafter referred to as "controlled", within the scope of this proceeding.

2. the President of the Office may authorize to participate in control: 1) employee competition authority of the Member State of the European Union in the case referred to in article 1. 22 of Regulation No 1/2003/EC;

2) an employee of the applicant within the meaning of article 3. 3 paragraph f of Regulation No 2006/2004/EC in the case referred to in article 1. 6 paragraph 1. 3 of this regulation;

3) holders of special messages, if the inspection is necessary this kind of messages.

3. In matters concerning the properties of the delegations and the matters provided to settlement of the delegations by the President of the Office, on the basis of article. 33 para. 4 and 5, the staff delegations carry out a control on the basis of the authority of the Director of the delegation issued on behalf of the President of the Office.

4. To carry out the inspection or to participate in the control contains: 1) the designation of the inspection authority;

2) an indication of the legal basis;

3) date and place of issue;

4) name, surname and position of the inspection and the number of its legitimacy, and, in the case of authorization to participate in the control of persons referred to in paragraph 1. 2-the names of those persons and the number of the passport or another document proving identity;

5) designation of controlled;

6) specifying the scope of the control, including the period under scrutiny;

7) term start date expected completion date and control;

8) signature of the person giving the authorisation, stating the position or functions;

9) letter of rights and obligations.

5. To carry out the checks referred to in paragraph 1. 1, respectively, the President of the Office, and, at his request, provincial inspectors trade inspection.

6. The inspection shall be served on the controlled or person authorized by him to carry out the controls and turns out a business card, and persons authorized to participate in the inspection referred to in paragraph 1. 2, identity card, passport or other document proving identity.

7. In the absence of a controlled or a person authorised by him, to carry out the controls and business card, identity card, passport or other document proving the identity can be presented to another employee, who may be the person referred to in art. 97 of the Act of 23 April 1964 – Civil Code or przywołanemu the witness, which should be a public officer, other than an employee, however, the authority carrying out the control. In such a case, the authorisation shall be delivered to the controlled immediately, but not later than on the third day of the initiation of the control.



Article. 105b. [the inspection Powers] 1. In order to obtain information that may constitute evidence on controlling has the right to: 1) access to land and buildings, establishments or other premises and means of transport of controlled;

2) request related to the subject of inspection of the files, books, all kinds of writings, documents and their copies and extracts, correspondence sent by electronic mail, information storage media within the meaning of the provisions on information technology activities of bodies pursuing public tasks, other devices containing information data or information systems, as well as provide access to computer systems owned by another entity containing controlled data related to the subject of control in so far as the controller has access to them;

3) for materials and correspondence, referred to in paragraph 2, notes;

4) request the drawing up by the controlled copy or print materials, correspondence, referred to in paragraph 2, and the information stored on the media in devices or systems referred to in that provision;

5) requests from persons referred to in article 1. 105d paragraph 1. 1, oral explanations relating to the subject;

6) requests from persons referred to in article 1. 105d paragraph 1. 1, and other items that could be evidence in the case.

2. Person authorised to participate in the control, based on art. 105a paragraph. 2, entitled controlling in terms of access to land and buildings, establishments or other premises and means of transport of controlled and access to materials and correspondence and information stored on the media in devices or systems referred to in paragraph 1. 1 point 2, as well as for the notes, and permission to participate along with controlling in search, as referred to in article. 91 and in article 1. the older 105n. 3. In the course of the inspection control may seek the assistance of officers of the other bodies of State control or police. The State control authorities or the police perform actions on controlling command.

4. In justified cases, process control or the individual steps in the course of prior informed, controlled, can be persisted using the picture or sound recording equipment. Information storage media within the meaning of the provisions on information technology activities of bodies pursuing public tasks, for which the registered process control or the individual steps in the process, are attached to the control.



Article. 105 c (repealed) Article. 105d. [obligations of inspected] 1. Controlled, the person authorized by him, the holder of a dwelling, premises, property or means of transport referred to in article 1. 91 paragraph 1. 1, are required to: 1) provide the information requested;


2) allow access to the land and buildings, establishments or other premises and means of transport;

3) make and issue, referred to in article 1. 105b paragraph. 1 point 2, or other items that could be evidence in the case;

4) allow access to the information media, devices, or systems referred to in article 1. 105b paragraph. 1, paragraph 2, in respect of the information collected on these media in devices or systems, including the correspondence sent via email.

2. the persons referred to in paragraph 1. 1, may refuse to give information or interact in the course of control only when it would expose or their spouse, ascendants, descendants, siblings and kin in the same line or degree, as well as persons in respect of the adoption, custody or guardianship, as well as a dependant in cohabitation, for criminal liability. The right to refuse to provide information or interact in the course of control continues after termination of marriage or termination of adoption, custody or guardianship.



Article. 105e. [Provide the conditions and measures necessary for the efficient carrying out of control] 1. Controller provides inspection and persons authorised to participate in monitoring the conditions and measures necessary for the efficient carrying out of control, and in particular: 1) shall be made of their own copies or printouts of materials and correspondence referred to in article 1. 105b paragraph. 1, paragraph 2, and the information stored on the media in devices or systems referred to in that provision;

2) provides, where possible, separate closed room, if this is necessary for the inspection;

3) provides a separate place for storing documents and items;

4) provides a means of communication at its disposal, to the extent necessary to perform the inspection.

2. Controlled shall confirm to be in conformity with the originals made copies of the documents and prints. In the case of a refusal to confirm for compatibility with the original confirms them, what makes reference in the Protocol control.



Article. 105f. [evidence collected in the course of the inspection] 1. Controlling or persons authorized to participate in the control determine the facts on the basis of the evidence gathered in the course of the inspection, and, in particular, documents, objects, Visual inspection, and oral or written explanations and statements and other information media.

2. The evidence referred to in paragraph 1. 1, can be secured by: 1) leaving them in a dedicated or a separate, closed and opieczętowanym room in controlled;

2) Assembly, against a receipt given to controlled, in the room of the Office or the provincial inspectorate of trade inspection.



Article. 105 g. [Order of the seizure Act, books, any document or information storage media] 1. The President of the Office in the course of the checks referred to in article 1. 105a paragraph. 1, may make provision for the seizure Act, books, all kinds of writings, documents, correspondence or information storage media devices referred to in article 1. 105b paragraph. 1 point 2, and other items that could be evidence in the case, for the time necessary to carry out the checks, however, no longer than 7 days.

2. the person who has the items referred to in paragraph 1. 1, controlling calls for the release of their voluntarily, and in case of refusal, you can receive them in law enforcement proceedings in administration.

3. The order of seizure of objects the complaint shall have the persons whose rights have been infringed. The lodging of a complaint shall not prevent the implementation of the provisions.

4. To secure on-the-spot checks, in order to perform the steps in the control, files, books, other all kinds of writings, documents, correspondence, computer storage media, devices, referred to in article 1. 105b paragraph. 1 point 2, and other items that could be evidence in the case, as well as the premises, which contain these documents or items, the provisions of paragraph 1. 1-3 shall not apply.



Article. 105 h [Items subject to seizure] 1. Items subject to seizure referred to in art. 105 g of paragraph 1. 1, after the inspection and making the protocol classes to take or give away for safekeeping to a person trusted with obligation to their presentation at the request of the investigating authority.

2. the protocol classes include: description of the case, to which the attachment is linked, the exact start and end time steps, an exact list of seized items and, where necessary, their description and an indication of the order of the President of the Office of the seizure. The Protocol signed by carrying out activities and representative.

3. Carrying out the activities is obliged to immediately handing the persons concerned a receipt stating what items and by whom were occupied, and to immediately notify the trader, which items have been seized, of the seizure.

4. Items should be paid immediately after the discovery that are unnecessary for the proceedings or after the repeal by the Court of competition and consumer protection provisions of the seizure of items, but not later than after the expiry of the deadline referred to in article 1. 105 g of paragraph 1. 1. Article. 105i. [proposal of the European Commission or of the competition authority of another Member State] 1. Without opening separate proceedings, the President of the Office may carry out or make a search on the basis of article. the older 105n or request for consent to carry out the search on the basis of article. 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 article 1. 22 of Regulation No 1/2003/EC and in article 3. 12 Regulation No 139/2004/EC.

2. In the case referred to in paragraph 1. 1, the President of the Office may authorize to participate in control or searching: 1) an employee of the Office;

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

3) holders of special messages, if the inspection is necessary this kind of messages.

3. where the operator or the person authorized to represent him, or the holder of a dwelling, premises, property or means of transport referred to in article 1. 91 paragraph 1. 1, oppose the carrying out of control by the European Commission in the course of the proceedings on the basis of the provisions of Regulation No 1/2003/EC or regulation (EC) No 139/2004/EC, persons authorised by the President of the Office to participate in the inspection referred to in paragraph 1. 2 paragraphs 1 and 3, are entitled to control the powers referred to in article 1. 105b, art. 105f-105 h, art. the older 105n. 105o. Provisions of article. 91 applies.



Article. 105ia. [the right to take steps to purchase goods by controlling] [37] 1. In order to obtain information that may constitute evidence of practices that violate the collective interests of consumers controlling has the right to take steps to purchase the item.

2. Present a controlled or a person authorised by him business card authorizing to perform control activities and authorized to carry out the inspection and approval of the Court, referred to in paragraph 1. 4, followed by immediately after the end of the activities referred to in paragraph 1. 1.3. The course of the activities referred to in paragraph 1. 1, can be persisted by using the picture or sound recording equipment without prior notice. Information storage media within the meaning of the provisions on information technology activities of bodies pursuing public tasks, for which the registered process control or the individual steps in the process, are attached to the control. Let the controlled about perpetuating the course of the activities referred to in paragraph 1. 1, follows immediately after the activities referred to in sentence 1.

4. To take the steps referred to in paragraph 1. 1 and 3, requires the consent of the Court of competition and consumer protection, granted at the request of the President of the Office.

5. The Court of competition and consumer protection seem within 48 hours of the order in the case, referred to in paragraph 1. 4. This provision shall not be entitled to appeal.



Article. 105J. [Control Protocol] 1. Process control controlling images in the Protocol control.

2. Control Protocol should include, in particular: 1) an indication of the name or first and last name and the address of the controlled;

2) start and end date controls;

3) name, surname and position of the inspection work;

4) indicating the purpose and scope of the controls;

5) a description of the facts determined during the inspection;

6) description of attachments;

7) about being controlled on the law of reservations to the Protocol, and on the law of the refusal to sign the Protocol.

3. The evidence gathered in the course of control is an annex to the Protocol control.



Article. 105 k [Signing Protocol] 1. Control Protocol is signed between the controlling and controlled.

2. Prior to the signing of the Protocol controller may, within 7 days from the presentation of it to him for signature, submit written objections to the Protocol.


3. in the event of objections, referred to in paragraph 1. 2, controlling makes their analysis and, if necessary, take additional control activities and, in the case of a finding of reasonableness objections, changes or supplements the relevant part of the Protocol in the form of an amendment to the Protocol.

4. in the event of failure to raise objections, in whole or in part, it shall inform the control controlled in writing.

5. To refuse to sign the Protocol that controls makes reference in the Protocol.

6. the Protocol shall be drawn up in two copies, one of which is left to the controlled, to the exclusion of the evidence in the possession of the controlled.



Article. 105l. [application of the freedom of economic activity law] to control the business of the entrepreneur, the provisions of Chapter 5 of the Act of 2 July 2004, the freedom of economic activity (Journal of laws of 2013.672, as amended).



Article. 105. [Complaint] 1. An entity referred to in art. 105b paragraph. 1 point 2, whose rights were violated in the course of the inspection, may appeal to the Court of competition and consumer protection on the control activities beyond the scope of the control or other control activities undertaken in violation of the regulations, within 7 days from the date of such activities.

2. Submission of a complaint shall not prevent control.

3. A complaint be lodged with the Court of competition and consumer protection through the President of the Office, who shall forward it together with the response to the Court within a period of 7 days from the date of filing a complaint.

4. the Court of competition and consumers recognize the complaint within 7 days from the date of its transmission by the President of the Office. Order of the Court justifies ex officio. On order of the Court shall be entitled to appeal to the Court of second instance.

5. in the case of consideration of complaints by the Court of competition and consumer protection the evidence obtained as a result of the contested control activity may not be used in the proceedings, in other proceedings conducted by the President of the Office and in the proceedings on the basis of separate provisions.



Article. the older 105n. [Search the premises and stuff] 1. In matters of restrictive practices in the course of the investigation and antitrust, to find and obtain information from the documents, books, writings, any document or information storage media, devices and information systems and other items that could be evidence in the case, the President of the Office may carry out on the trader to search the premises and things, if there are reasonable grounds for believing that the information or items there.

2. perform a search requires the consent of the Court of competition and consumer protection, granted at the request of the President of the Office.

3. The President of the Office may apply for permission to carry out a search in the course of the investigation only when there is reasonable suspicion of a serious breach of the provisions of the Act and, in particular, could lead to seizure of the evidence.

4. the Court of competition and consumer protection seem within 48 hours of the order in the case, referred to in paragraph 1. 2. The order of the Court of competition and consumer protection are not entitled to appeal.



Article. 105o. [Notes] for the purpose of obtaining information that may constitute evidence that searches has the right for materials and correspondence referred to in article 1. 105b paragraph. 1, paragraph 2, and the information stored on the media in devices or systems referred to in that provision, notes, by which means also making a copy or printouts.



Article. 105 p. [complaint against the steps] Searched and persons whose rights have been violated in the course of a search, they can appeal to the Court of competition and consumer protection on the steps search beyond the scope of the search or other search taken in breach of the provisions, within 7 days from the date of such activities. The provisions of article 4. 105 m mouth. 2 to 5 shall apply mutatis mutandis.



Article. 105q. [provisions applicable to search] to search, referred to in article 1. the older 105n, shall apply mutatis mutandis the provisions of: 1) art. 105a paragraph. 2-7, art. 105b, art. 105d – 105 h, art. 105J and art. 105 k;

2) art. 80A paragraph. 1 and art. 80B, first sentence, of the Act of 2 July 2004, the freedom of economic activity, to the extent not regulated in this chapter;

3) art. 180. 224 section 1, art. 225 and article. 226. 236a Act of 6 June 1997-the code of criminal procedure; the competent court for the purposes of the application of these provisions is the Court of competition and consumer protection.



SECTION VII penalty Chapter 1 the imposition of financial penalties Art. 106. [penalty] 1. The President of the Office may impose on the trader, by way of decision, a penalty of not more than 10% of the turnover achieved in the business year preceding the year of the penalty, if the entrepreneur, even unintentionally: 1) has committed an infringement of the prohibition referred to in article 1. 6, in terms of niewyłączonym based on art. 7 and art. 8, or infringement of the prohibition referred to in article 1. 9;

2) committed a breach of art. 101 or article. 102 TFEU;

3) concentration without obtaining the consent of the President of the Office;

3A) [38] guilty of infringement of the prohibition referred to in article 1. 23A;

4) has committed an infringement of the prohibition referred to in article 1. 24.2. The President of the Office may also impose on the trader, by way of decision, penalty equivalent to 50 000 000 euro, if the trader this even unintentionally: 1) in the application referred to in article 1. 23, or in the notification referred to in article 2. 94 paragraph 1. 2, gave false information;

2) [39] has not given information requested by the President of the Office pursuant to article. 10 paragraph 1. 9, art. 12 paragraph 1. 3, art. 19 paragraph. 3, art. 23 c paragraph. 3, art. 28 paragraph 1. 3 or article. 50, or given false or misleading information;

3) prevents or impedes the initiation or conduct of inspection on the basis of article. 105a or article. 105i, this does not perform the obligations referred to in article 1. 105d paragraph 1. 1 or article. 105e paragraph. 1;

4) prevents or impedes the initiation or conduct a search based on art. 91 or article. the older 105n, this does not perform the obligations referred to in article 1. 105d paragraph 1. 1 or article. 105e paragraph. 1.3. Rotation, as referred to in paragraph 1. 1, shall be calculated as the sum of: 1) income shown in the profit and loss account, in the case of traders reporting a bill based on accounting rules;

2) revenue reported in the annual financial statements equivalent to the profit and loss account drawn up on the basis of the provisions on accounting or in another document summary revenues in the fiscal year, including the report on the implementation of the budget, in the case of a trader who does not the profit and loss account shall be drawn up on the basis of the provisions on accounting;

3) documented income earned during the financial year, in particular from the sale of products, goods and materials, financial income and income from activities carried out on the basis of the terms of reference or other document setting out the scope of the activities of the entrepreneur, as well as the values obtained by the trader of the grant in question, in the absence of the documents referred to in paragraphs 1 and 2;

4) own revenue less any tax revenues – in the case of municipalities, counties and provinces.

4. in the case when the trader was formed as a result of the merger or transformation of other traders, by calculating the height of the market, as referred to in paragraph 1. 1, the President of the Office shall take account of the turnover achieved by those entrepreneurs in the fiscal year preceding the year penalty.

5. where a trader in the fiscal year preceding the year penalty has not reached or achieved a turnover of not more than the equivalent of 100 000 euros, the President of the Office by imposing the penalty on the basis of paragraph 1. 1 take into account the average turnover generated by the entrepreneur in the next three financial years preceding the year penalty.

6. where the trader has not reached the market in the three-year period referred to in paragraph 1. 5, or when trading trader calculated on the basis of that provision, does not exceed the equivalent of 100 000 euros, the President of the Office may impose on the trader, by way of decision, a pecuniary penalty not exceeding the equivalent of 10 000 euros.

7. If the trader does not have prior to the release of decision financial data necessary to determine the turnover for the year preceding the year the imposition of penalties, the President of the Office, by imposing a fine on the basis of paragraph 1. 1, account shall be taken of: 1) the turnover by the entrepreneur in the fiscal year preceding the year;

2) in the case referred to in paragraph 1. 5-the average turnover generated by the entrepreneur in the next three financial years prior to this year. The provision of paragraph 1. 6 shall apply mutatis mutandis.




Article. 106A. [penalty imposed on the person who manages] 1. The President of the Office may impose on a person, referred to in article 1. 6a, penalty payment of up to $2 000 000, if that person intentionally committed an infringement by the prohibitions referred to in article 1. 6 paragraph 1. 1 paragraph 1-6 of the Act, or in the article. 101 paragraphs 1 and 2. 1 (b). a-e TFEU.

2. Impose on the person who manages the financial penalty, referred to in paragraph 1. 1, can occur only in a decision imposing on the operator penalty referred to in article 1. 106 paragraph 1. 1 point 1 or 2.

3. the penalty referred to in paragraph 1. 1, not be imposed if the person who manages a trader was imposed penalty on the basis of article. 106 paragraph 1. 1 paragraph 1 or 2 for the same infringement of the prohibitions referred to in article 1. 6 paragraph 1. 1 paragraph 1-6 of the Act, or in the article. 101 paragraphs 1 and 2. 1 (b). a-e TFEU.



Article. 107. [financial penalty for each day of delay in the implementation of the decision] [40] the President of the Office may impose on traders, by way of decision, penalty equivalent to 10 000 euros for each day of delay in the implementation of the decisions taken on the basis of article. 10, art. 12 paragraph 1. 1, art. 19 paragraph. 1, art. 20(2). 1, art. 21(1). 2 and 4, art. 23B. 23 c paragraph. 1, art. 26, art. 27 paragraph. 2, art. 28 paragraph 1. 1, art. 89 para. 1 and 3 and art. 101a paragraph. 1 and 3, the provisions issued pursuant to art. 105 g of paragraph 1. 1 or judgments in the cases of restrictive practices, practices which violate the collective interests of consumers, the illegal provisions of the contracts and the patterns of concentration. Penalty payment be imposed from the date indicated in the decision.



Article. 108. [penalty imposed upon the person serving as a feature or a component of the management body] 1. The President of the Office may, by decision, impose on the person as a feature or a component of the management body of the entrepreneur penalty to pięćdziesięciokrotności average earnings, if the person is intentionally or unintentionally: 1) not made decisions or judgments referred to in article 1. 107;

2) does not throw the merger referred to in art. 13.2. The President of the Office may, by decision, impose on the person as a feature or a component of the management body of the entrepreneur penalty, referred to in paragraph 1. 1, if the person: 1) prevents or impedes the initiation or conduct of inspection on the basis of article. 105a or article. 105i;

2) prevents or impedes the initiation or conduct a search based on art. 91 or article. the older 105n. 3. The President of the Office may, by decision, impose a penalty, referred to in paragraph 1. 1:1) a person authorized by the inspected or searched, referred to in article 1. 105a paragraph. 6, the holder of a dwelling, premises, property or means of transport referred to in article 1. 91 paragraph 1. 1,: a) in the course of inspection or a search of false or misleading information requested by the President of the Office, (b)) preventing or obstructing the start or carry out checks on the basis of article. 105a or article. 105i, including failure to the obligations referred to in article 1. 105d paragraph 1. 1 or article. 105e paragraph. 1 c) preventing or obstructing the commencement or conduct a search based on art. 91 or article. the older 105n, including failure to the obligations referred to in article 1. 105d paragraph 1. 1 or article. 105e paragraph. 1;

2) the person referred to in art. 105a paragraph. 7, which is the employee controlled, by preventing or obstructing the presentation of documents listed in that provision.

4. where a person authorized by the inspected or searched, referred to in article 1. 105a paragraph. 6, or a person referred to in art. 105a paragraph. 7, who is an employee of the inspected, function or form part of the management body of the entrepreneur, the basis for the imposition of penalty by the President of the Office is the paragraph. 3. the 5. The President of the Office may, by decision, impose a pecuniary penalty of up to 20 000 zł for anyone who copied the documents referred to in article 1. 70 paragraph 1. 4, without the written consent of the entrepreneur or Manager listed in that provision or used the information obtained through access to these documents for purposes other than for the purposes of the proceeding or proceedings conducted as a result of an appeal in this matter, with the exception of the use of this information for the purpose of criminal proceedings or criminal.

6. The President of the Office may, by decision, impose a pecuniary penalty of up to $5000:1) witness for an unjustified refusal to testify or unjustified failure by the call of the President of the Office;

2) expert for an unjustified refusal to submit reviews, unjustified delay submission of reviews or unjustified failure by the call of the President of the Office.



Article. 109. (repealed) Article. 110. (repealed) Article. 111. [taking into account the circumstances of the breach of the provisions of the Act on the assessment of the amount of the financial penalty] 1. The President of the Office, in determining the height of the imposed penalty, account shall be taken, in particular, the circumstances of the breach of the provisions of the Act and a prior violation of the provisions of the Act, as well as, in the case of a penalty referred to in: 1) art. 106 paragraph 1. 1 and art. paragraph 108. 1 point 2-period, the degree of market and the effects of violations of the provisions of the Act, and the degree of infringement of the President of the Office shall evaluate the given the circumstances regarding the nature of the infringement, the business, which was the subject of the infringement and, in the cases referred to in article 1. 106 paragraph 1. 1 paragraphs 1 to 3 and in article 3. paragraph 108. 1 point 2-the specificities of the market where the infringement;

2) art. 106A-the degree of the impact person who manages to breach, the entrepreneur, the revenue generated by the person who manages the trader concerned, taking into account the duration of the infringement and the period and market effects of the infringement;

3) art. 106 paragraph 1. 2 and art. paragraph 108. 2 and 3-the impact of the infringement on the course and the date of termination of the proceedings;

4) art. 107 and in the article. paragraph 108. 1 paragraph 1 – effects of market failure, the provisions of the decision or decisions referred to in article 1. 107.2. In determining the amount of fines in accordance with paragraph 1. 1 the President of the Office shall take into account the attenuating or aggravating, which occurred in the case.

3. attenuating Circumstances referred to in paragraph 1. 2, are in particular: 1) in the case of infringement of the prohibition of restrictive practices: a) voluntary removal of the effects of the infringement, (b)) use a prohibited practice prior to the opening of the proceeding, or immediately after his initiation, c) to take action on its own initiative in order to stop the infringement or to remove its effects, d) cooperation with the President of the Office in the course of the proceedings, in particular to contribute to the rapid and efficient conduct of the proceedings , e) passive role of the entrepreneur in breach of the prohibition of restrictive agreements, including avoidance of by him, the implementation of the provisions of the restrictive agreement, f) working under duress-in case of violation of the prohibition of restrictive practices;

2) [41] in the case of infringement of the prohibition of practices that violate the collective interests of consumers or the use of prohibited terms patterns agreements – the circumstances referred to in paragraph 1 (b). (a) to (d);

3) in the case of release by the person who manages to breach by the prohibitions referred to in article 1. 6 paragraph 1. 1 paragraph 1-6 of the Act, or in the article. 101 paragraphs 1 and 2. 1 (b). a-e TFEU: a) working under duress, b) to contribute to the voluntary removal of the effects of the infringement by the trader, c) contribute to the omission by the operator on its own initiative, the application of the non-compliant practices prior to the initiation of proceedings or immediately after his initiation, d) the circumstances referred to in paragraph 1 (b). (c) and (d);

4) in the case of failure of the merger referred to in art. 13 – to inform the President of the Office of the concentration and the circumstances referred to in paragraph 1 (b). (d). 4. Aggravating circumstances, referred to in paragraph 1. 2, are: 1) in the case of infringement of the prohibition of restrictive practices: a) the role of the leader or initiator of the restrictive agreement or inciting other entrepreneurs to participate in the agreement, in the case of infringement of the prohibition of restrictive agreements, b) forced, pressure or the use of retaliatory measures against other undertakings or persons in order to implement or continue the violation, c) to previously similar infringement , d) the infringement was intentional;

2) in the case of infringement of the prohibition of practices that violate the collective interests of consumers or the use of illegal provisions of contract patterns: [42] and) significant territorial violation or its consequences, b) significant benefits obtained by the operator in connection with made in violation of, (c)) the circumstances referred to in paragraph 1 (b). (c) and (d);


3) in the case of release by the person who manages to breach by the prohibitions referred to in article 1. 6 paragraph 1. 1 paragraphs 1 to 6 of the Act or in the article. 101 paragraphs 1 and 2. 1 (b). a-e TFEU: a) the role of the Organizer, the initiator of the restrictive agreement or inciting other entrepreneurs or people to participate in the agreement, (b)) significant benefits obtained by the person who manages in connection with made in violation of, (c)) the circumstances referred to in paragraph 1 (b). (b) and (c);

4) in the case of failure of the merger referred to in art. 13 – the circumstances referred to in paragraph 1 (b). (c) and (d).



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

2. The financial resources derived from the penalty referred to in article 1. 106-108, are revenue of the State budget.

3. A fine shall be paid within 14 days from the date when the decision of the President of the Office.

4. in the event of the expiry of the time limit referred to in paragraph 1. 3, the penalty shall be subject to recovery in the provisions on enforcement proceedings in administration.

5. in the event of failure to pay penalty interest shall be levied.

6. in the event of a repeal or change the final decision, which is the waiver of penalty or reduce its amount, paid the penalty shall be refunded in part or in whole within 14 days from the date of the summons to return this punishment together with a copy of the decision of the Court and, in justified cases, saying his legitimacy. When no interest penalties.



Article. 113. [deferment of payment of the penalty or spread the HP] 1. The President of the Office may at the request of the operator, Manager or other person referred to in article 1. 108, defer payment of the penalty or spread it on installment due to the important interest of the applicant.

2. the application shall be accompanied by a justification indicating the important interest of the applicant.

3. in the case of deferment of payment of the penalty or spreading it on installment, the President of the Office shall charge from nieuiszczonej the amount of interest on an annual basis, the amount of which shall be 50% of the rate of interest on arrears, communicated pursuant to article. 56 § 3 of the Act of 29 August 1997 – tax (Dz.u. of 2012.749, as amended), from the day following the date of submission of the application.

4. in the case of rescheduling penalty, interest, referred to in paragraph 1. 3, are billed separately from each installment.

5. Interest shall be calculated for the period until the date of expiry of the time limit the payment of penalty or time-limit for payment of each rat.

6. The President of the Office may waive the deferment of payment of the penalty or the distribution of its HP, if revealed to new or previously unknown facts relevant to the adjudication or if the installer has not been paid within the time limit.

7. The decision of the President of the Office in respect of the deferral of payment of the penalty or spreading it on installment follows by means of the provisions, which do not have a complaint.



Chapter 2 withdrawal from the assessment of penalty or its reduction in cases of restrictive practices Article. 113A. [request for a waiver from the assessment of penalty or its reduction] 1. An entrepreneur who has entered into an agreement referred to in article 1. 6 paragraph 1. 1 of the Act, or in the article. 101 of the TFEU, may submit to the President of the Office request for a waiver from the assessment of a penalty or a reduction, hereinafter referred to as "the proposal".

2. The application shall contain a description of the agreement, indicating in particular: 1) entrepreneurs, who have concluded the agreement;

2) products or services affected by the agreement;

3) the territory covered by the agreement;

4) the objective of the agreement;

5) the circumstances of the conclusion of the agreement;

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

7) the duration of the agreement;

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

9) first names, last names, and business persons in the agreement a significant role along with its description;

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

3. The trader referred to in paragraph 1. 1, is obliged not to reveal the intent of the request.

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

5. the applicant is obliged to cooperate with the President of the Office to the full extent of the submission of the application, in particular: 1) on their own initiative and at the request of the President of the Office to provide immediately any evidence or information about the agreement, which has or may have, with significant implications for the case;

2) not to hinder the be heard by persons employed by the operator and persons acting as or included in the managing body of the trader;

3) not destroy, do not falsify, conceal not evidence or information relating to the case;

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

6. An applicant who has not ceased to participate in consultation before the application, is obliged to cease this participation immediately upon application.



Article. 113b. [waiver of imposition of penalty] the President of the Office shall waive the imposition of the penalty referred to in article 1. 106 paragraph 1. 1 paragraph 1 or 2, the entrepreneur, who has entered into an agreement referred to in article 1. 6 paragraph 1. 1 of the Act, or in the article. 101 of the TFEU, where this company including: 1) as the first of the participants in the agreement filed in compliance with the requirements referred to in article 3. 113A paragraph. 2 and comply with the conditions of article 81(3). 113A paragraph. 3, 5 and 6;

2): a) sufficient evidence to initiate an antitrust proceedings or information to the President of the Office to obtain such evidence, or (b)) if the application was submitted after the initiation of the proceeding, evidence of a cartel, which will contribute significantly to the adoption of the decision referred to in article 1. 10, or at the request of the President of the Office provided information on obtaining such evidence, unless the President of the Office did not have at the time such information or evidence;

3) not induced other economic operators to participate in the agreement.



Article. 113 c. [reduction of the penalty] 1. In the case when an entrepreneur who has entered into an agreement referred to in article 1. 6 paragraph 1. 1 of the Act, or in the article. 101 of the TFEU, does not meet the total conditions referred to in article 1. 113b, the President of the Office lowers the penalty imposed on the operator, if the entrepreneur the: 1) filed an application complies with the requirements set out in article 3. 113A paragraph. 2;

2) fulfilled the conditions of article 81(3). 113A paragraph. 3, 5 and 6;

3) presented a proof of having significant implications for the case, which the President of the Office does not have.

2. In the case referred to in paragraph 1. 1, the President of the Office imposes penalty reduced by: 1) 30-50% in relation to the amount of the penalty, which would be imposed on the operator, if it were not for request-for the entrepreneur, who first met the conditions referred to in paragraph 1. 1;

2) 20-30% in relation to the amount of the penalty, which would be imposed on the operator, if it were not for request-trader, who, as the second has met the conditions referred to in paragraph 1. 1;

3) up to 20% in relation to the amount of the penalty, which would be imposed on the operator, had not submitted the application on other entrepreneurs who have met the conditions referred to in paragraph 1. 1. Article. 113d. [proposal for agreement exempt from antitrust proceedings or investigation] 1. If the trader referred to in art. 113 c of paragraph 1. 1, before the release of the decision in the case, in which submitted the request, as the first of the participants of the other agreement, on which there was initiated antitrust proceedings or investigation, also a proposal of that other agreement and presented to the President of the Office proof or information referred to in article 1. 113b, point 2 (a). and, the President of the Office in the case, in which it was made: 1) first application – reduces the amount of penalty imposed on the operator referred to in art. 113 c of paragraph 1. 2, 30%;

2) proposal of another agreement, waive the imposition on the trader penalty referred to in article 1. 106 paragraph 1. 1 paragraph 1 or 2, if it fulfilled a total of terms referred to in article 1. 113b. 2. In the case of submission of the application referred to in article 1. 113e, concerning other agreement referred to in paragraph 1. 1 point 2, the President of the Office lowers the amount of penalty imposed on an entrepreneur in the case which was made the first proposal referred to in paragraph 1. 1 paragraph 1, if the missing information or evidence have been completed within the period referred to in the article. 113e paragraph. 2. Article. 113e. [Application in abbreviated form containing a description of the agreement] 1. If the trader does not have information in the range specified in art. 113A paragraph. 2 or evidence or information referred to in article 1. 113b, paragraph 2 or article. 113 c of paragraph 1. 1, paragraph 3, may submit to the President of the Office the proposal summary form that contains the description of the agreement, which indicates at least the information referred to in article 1. 113A paragraph. 2 paragraphs 1 to 4, 7 and 9.


2. the President of the Office shall upon application by the trader specifies the scope of the information or evidence to be submitted and the deadline for their submission.

3. in the case of information or evidence within the period referred to in paragraph 1. 2, the application shall be considered to have been filed on the date of filing of the application in abbreviated form.

4. Failure to provide information and evidence within the prescribed time limit causes the failure of the request.



Article. 113f. [application for immunity from fines] 1. In the case of filing by the trader to the European Commission proposal for immunity from fines referred to in article 1. 23 paragraph 1. 2 (a). and Regulation No 1/2003/EC, for participating in an illegal agreement covering the territory of more than three Member States of the European Union, the trader may also submit to the President of the Office application in a simplified form.

2. the application referred to in paragraph 1. 1, contains an indication: 1) entrepreneurs, who have concluded the agreement;

2) products or services affected by the agreement;

3) in the territory covered by this agreement;

4) to the agreement;

5) the duration of the agreement;

6) the Member States of the European Union, in which there are evidence for the existence of the agreement.

3. the application in a simplified form also contains information about the applications submitted, or that the entrepreneur intends to submit in other Member States of the European Union or to the European Commission.

4. in the case of proceedings relating to the agreement referred to in the application in a simplified form, the President of the Office calls on the trader to provide information within the time limits referred to in article 1. 113A paragraph. 2, and evidence or information referred to in article 1. 113b, paragraph 2 or article. 113 c of paragraph 1. 1 paragraph 3.

5. in the case of the presentation of information and evidence within the period referred to in paragraph 1. 4, the application shall be considered to have been filed on the date of filing of the application in a simplified form.



Article. 113 g. [Return of the request of the entrepreneur] in the case of failure of the proposal by the President of the Office or its withdrawal by the operator request returns to the trader within 7 days.



Article. 113h. [the provisions relating to managers of] the provisions of art. 113A-e and article. 113 g shall apply mutatis mutandis to the managers, referred to in article 1. 6a, taking into account article. 113i. 113j article. 113i. [the information presented in the application by the person who manages] Manager shows the application information required, in so far as it has them because on the on the entrepreneur function and its role in the agreement.



Article. 113j [waiver of imposition of penalty or reducing the penalty imposed on the person who manages] 1. Request of the entrepreneur complies with the requirements set out in article 3. 113A paragraph. 2, with which evidence or information referred to in article 1. 113b, paragraph 2 or article. 113 c of paragraph 1. 1, paragraph 3, also includes the management of the trader referred to in article 1. 6a. 2. If the Manager has been on the President of the Office from receiving the news about the request as specified in article 4. 113A paragraph. 5, the President of the Office lowers the penalty imposed on that person on the same terms under which the penalty shall be reduced in proportion to the trader.

3. The President of the Office shall waive the imposition of penalty or reduces the penalty imposed on the person who manages which satisfies the conditions referred to in paragraph 1. 2, despite the nieodstąpienia since the imposition of the penalty on the trader, who has made an application or nieobniżenia penalty imposed on this trader because of failure by the terms referred to in article 1. 113A paragraph. 3, 5 and 6 or article. 113b, point 3.



Article. 113k. [Delegation], the Council of Ministers shall determine, by regulation, a detailed way and procedure of the request made by the operator or the person who manages whereas the category of applicant and the need to ensure a fair assessment of the compliance with the conditions referred to in article 1. 113b and in art. 113 c of paragraph 1. 1, and the proper classification of the application.



SECTION VIII of the criminal Provision Art. 114. [violation of obligation to the Consumer Ombudsman explanations and information] 1. Who, contrary to the provision of art. 42 paragraph 1. 4, violates the duty to provide the Ombudsman consumers explanations and information which are the subject of the speeches or the obligation to respond to the comments and opinions of the Ombudsman, shall be fined not less than $2000.

2. To rule in cases of acts referred to in paragraph 1. 1 is in the provisions of the Act of August 24, 2001 – the code of conduct in cases of misconduct.



SECTION IX Provisions amending, transitional and final provisions Article. 115. (omitted).



Article. 116. (omitted).



Article. 117. (omitted).



Article. 118. (omitted).



Article. 119. (omitted).



Article. 120. (omitted).



Article. 121. (omitted).



Article. 122. (omitted).



Article. 123. (omitted).



Article. 124. (omitted).



Article. 125. (omitted).



Article. 126. (omitted).



Article. 127. (omitted).



Article. 128. (omitted).



Article. 129. (omitted).



Article. 130. [Fixing the amount of the financial penalty] in determining the amount of the penalty referred to in article 2. 111, account shall be taken of the fact of the infringement of the law of 15 December 2000 on the protection of competition and consumers (Journal of laws of 2005, no. 244, item 2080, as amended).



Article. 131. [transitional provisions] 1. To proceedings brought under the Act of 15 December 2000 on the protection of competition and consumers and are not completed to the date of entry into force of this Act shall apply to the provisions of the existing.

2. antitrust Proceedings in cases of concentration, initiated on the basis of the law of 15 December 2000 on the protection of competition and consumers, redeems when going to a concentration is not notifiable under the provisions of this Act.

3. applications for the initiation of proceedings in the matters of restrictive practices and practices that violate the collective interests of consumers, made under the law of 15 December 2000 on the protection of competition and consumers, on the basis of which it was not initiated antitrust proceedings in matters of restrictive practices or conduct in matters of practices that violate the collective interests of consumers, be treated as a notice concerning suspicion of the use of these practices within the meaning of the provisions of this Act.



Article. 132. [the President of the Office established in the provisions of existing] until the appointment of the President of the Office as specified in art. 29 this function fully the President of the Office established in legislation.



Article. 133. [the membership of the Council after the date of entry into force of this Act], members of the National Council of Consumer Advocates based on the provisions of the Act of 15 December 2000 on the protection of competition and consumers retain membership in the Council after the date of entry into force of this Act, on the principles defined therein.



Article. 134. [Consumer Advocates called on the basis of the provisions of the previous] 1. Consumer advocates called on the basis of the provisions of the existing Act until such time as their reference in the article. 40 of this Act.

2. The existing working conditions and pay the Ombudsman, consumers remain in force until the determination by the district administrator of new working conditions and pay consumer advocate.



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 joins all the rights and duties of the Office of competition and consumer protection that is based on the existing legislation.

2. From the date of entry into force of the law property of the Office of competition and consumer protection that was created on the basis of the provisions becomes, by law, the property of the Office.

3. transfer of rights and property of the Office of competition and consumer protection that is based on the existing provisions on the Office is free of charge and is free from taxes and fees.

4. On the date of entry into force of the law employees of the Office of competition and consumer protection that is based on the existing provisions become, under the law, employees of the Office.



Article. 136. [implementing legislation] 1. The implementing rules pursuant to article 114. 16, art. 28 paragraph 1. 3, art. 57 paragraph 3. 6, art. 77 paragraph 1. 6, art. 94 paragraph 1. 5, art. 103a paragraph 2. 5 of the Act of 15 December 2000 on the protection of competition and consumers remain in force until the entry into force of the regulations issued on the basis of art. 17, art. 33 para. 3, art. 63 para. 5, art. 94 paragraph 1. 6, art. 109 paragraph 1. 5 of this Act, no longer than for a period of 12 months from the date of its entry into force, subject to paragraph 2. 2.2. The implementing rules pursuant to article 114. 7 of the law of 15 December 2000 on the protection of competition and consumers remain in force until they expire.



Article. 137. [the provisions repealed] is repealed the Act of 15 December 2000 on the protection of competition and consumers (Journal of laws of 2005, no. 244, item 2080, as amended).



Article. 138. [entry into force] this Act comes into force after the expiration of 30 days from the date of the notice.



Article. 138.


1) this Act shall be made in its regulation of implementation of the Directive 98/27/EC of the European Parliament and of the Council of 19 May 1998 on injunctions for the protection of consumers ' interests (OJ. EU L 166 of 11.06.1998; Oj. EU Polish Special Edition, chapter. 15, tom 004, p. 43).

[1] Article. 1 paragraphs 1 and 2. 2 in the version established by art. 1 paragraph 1 of the law of August 5, 2015, amending the law on protection of competition and consumers, and some other laws (OJ. 1634). The change came into force on April 17, 2016.

[2] Section IIIa added by art. 1 paragraph 2 of the Act of August 5, 2015, amending the law on protection of competition and consumers, and some other laws (OJ. 1634). The change came into force on April 17, 2016.

[3] Section IIIa added by art. 1 paragraph 2 of the Act of August 5, 2015, amending the law on protection of competition and consumers, and some other laws (OJ. 1634). The change came into force on April 17, 2016.

[4] Section IIIa added by art. 1 paragraph 2 of the Act of August 5, 2015, amending the law on protection of competition and consumers, and some other laws (OJ. 1634). The change came into force on April 17, 2016.

[5] Section IIIa added by art. 1 paragraph 2 of the Act of August 5, 2015, amending the law on protection of competition and consumers, and some other laws (OJ. 1634). The change came into force on April 17, 2016.

[6] Article. 24 paragraph. 2 in the version established by art. 1 paragraph 3 (b). a) of the Act of August 5, 2015, amending the law on protection of competition and consumers, and some other laws (OJ. 1634). The change came into force on April 17, 2016.

[7] Article. 24 paragraph. 2 paragraph 1 repealed by article. 1 paragraph 3 (b). (b)) of the Act of August 5, 2015, amending the law on protection of competition and consumers, and some other laws (OJ. 1634). The change came into force on April 17, 2016.

[8] Article. 24 paragraph. 2 paragraph 4 added by art. 1 paragraph 3 (b). (c)) of the Act of August 5, 2015, amending the law on protection of competition and consumers, and some other laws (OJ. 1634). The change came into force on April 17, 2016.

[9] Article. the following 25, set by the article. 1 section 4 of the Act of August 5, 2015, amending the law on protection of competition and consumers, and some other laws (OJ. 1634). The change came into force on April 17, 2016.

[10] Article. 26 paragraph. 2 in the version established by art. 1, paragraph 5 (b). a) of the Act of August 5, 2015, amending the law on protection of competition and consumers, and some other laws (OJ. 1634). The change came into force on April 17, 2016.

[11] Article. 26 paragraph. 3 added by art. 1, paragraph 5 (b). (b)) of the Act of August 5, 2015, amending the law on protection of competition and consumers, and some other laws (OJ. 1634). The change came into force on April 17, 2016.

[12] Article. 26 paragraph. 4 added by art. 1, paragraph 5 (b). (b)) of the Act of August 5, 2015, amending the law on protection of competition and consumers, and some other laws (OJ. 1634). The change came into force on April 17, 2016.

[13] Article. 27 paragraph. 4 in the version established by art. 1 section 6 of the Act of August 5, 2015, amending the law on protection of competition and consumers, and some other laws (OJ. 1634). The change came into force on April 17, 2016.

[14] Article. 28 paragraph 1. 2 in the version established by art. 1 paragraph 7 of the Act of August 5, 2015, amending the law on protection of competition and consumers, and some other laws (OJ. 1634). The change came into force on April 17, 2016.

[15] Article. 31 paragraph 2 in the version set by the article. 1, paragraph 8 (a). a) of the Act of August 5, 2015, amending the law on protection of competition and consumers, and some other laws (OJ. 1634). The change came into force on April 17, 2016.

[16] Article. 31 paragraph 13 shall be added laid down by art. 1, paragraph 8 (a). (b)) of the Act of August 5, 2015, amending the law on protection of competition and consumers, and some other laws (OJ. 1634). The change came into force on April 17, 2016.

[17] Article. 31B by art. 1 point 9 of the Act of August 5, 2015, amending the law on protection of competition and consumers, and some other laws (OJ. 1634). The change came into force on April 17, 2016.

[18] Article. 31 c added by art. 1 point 9 of the Act of August 5, 2015, amending the law on protection of competition and consumers, and some other laws (OJ. 1634). The change came into force on April 17, 2016.

[19] Article. 31 d added by art. 1 point 9 of the Act of August 5, 2015, amending the law on protection of competition and consumers, and some other laws (OJ. 1634). The change came into force on April 17, 2016.

[20] Article. the following 47 set by art. 1 section 10 of the Act of August 5, 2015, amending the law on protection of competition and consumers, and some other laws (OJ. 1634). The change came into force on April 17, 2016.

[21] Article. 48 para. 2 paragraph 1a by art. 1 section 11 of the Act of August 5, 2015, amending the law on protection of competition and consumers, and some other laws (OJ. 1634). The change came into force on April 17, 2016.

[22] Article. 49 paragraphs 1 and 2. 1 in the version established by art. 1 section 12 of the Act of August 5, 2015, amending the law on protection of competition and consumers, and some other laws (OJ. 1634). The change came into force on April 17, 2016.

[23] Article. 49A added by art. 1 paragraph 13 of the Act of August 5, 2015, amending the law on protection of competition and consumers, and some other laws (OJ. 1634). The change came into force on April 17, 2016.

[24] Article. 69 paragraphs 1 and 2. 5 in the version set out by art. 1 section 14 of the Act of August 5, 2015, amending the law on protection of competition and consumers, and some other laws (OJ. 1634). The change came into force on April 17, 2016.

[25] Article. 76 as amended stipulated by art. 1 section 15 of the Act of August 5, 2015, amending the law on protection of competition and consumers, and some other laws (OJ. 1634). The change came into force on April 17, 2016.

[26] Article. 89 para. 4 in the version established by art. 1 paragraph 16 (a). a) of the Act of August 5, 2015, amending the law on protection of competition and consumers, and some other laws (OJ. 1634). The change came into force on April 17, 2016.

[27] Article. 89 para. 5 added by article. 1 paragraph 16 (a). (b)) of the Act of August 5, 2015, amending the law on protection of competition and consumers, and some other laws (OJ. 1634). The change came into force on April 17, 2016.

[28] Article. 89 para. 6 added by art. 1 paragraph 16 (a). (b)) of the Act of August 5, 2015, amending the law on protection of competition and consumers, and some other laws (OJ. 1634). The change came into force on April 17, 2016.

[29] chapter 3a in section VI by article. 1 paragraph 17 of the Act of August 5, 2015, amending the law on protection of competition and consumers, and some other laws (OJ. 1634). The change came into force on April 17, 2016.

[30] Section 3a in section VI by article. 1 paragraph 17 of the Act of August 5, 2015, amending the law on protection of competition and consumers, and some other laws (OJ. 1634). The change came into force on April 17, 2016.

[31] Section 3a in section VI by article. 1 paragraph 17 of the Act of August 5, 2015, amending the law on protection of competition and consumers, and some other laws (OJ. 1634). The change came into force on April 17, 2016.

[32] chapter 3a in section VI by article. 1 paragraph 17 of the Act of August 5, 2015, amending the law on protection of competition and consumers, and some other laws (OJ. 1634). The change came into force on April 17, 2016.

[33] chapter 3a in section VI by article. 1 paragraph 17 of the Act of August 5, 2015, amending the law on protection of competition and consumers, and some other laws (OJ. 1634). The change came into force on April 17, 2016.

[34] chapter 3a in section VI by article. 1 paragraph 17 of the Act of August 5, 2015, amending the law on protection of competition and consumers, and some other laws (OJ. 1634). The change came into force on April 17, 2016.

[35] Article. 101a added by art. 1 point 18 of the Act of August 5, 2015, amending the law on protection of competition and consumers, and some other laws (OJ. 1634). The change came into force on April 17, 2016.

[36] Article. the following 105 set by art. 1, paragraph 19 of the Act of August 5, 2015, amending the law on protection of competition and consumers, and some other laws (OJ. 1634). The change came into force on April 17, 2016.

[37] Article. 105ia added by art. 1 paragraph 20 of the Act of August 5, 2015, amending the law on protection of competition and consumers, and some other laws (OJ. 1634). The change came into force on April 17, 2016.

[38] Article. 106 paragraph 1. 1 paragraph 3a added by art. 1 paragraph 21 (b). a) of the Act of August 5, 2015, amending the law on protection of competition and consumers, and some other laws (OJ. 1634). The change came into force on April 17, 2016.

[39] Article. 106 paragraph 1. 2 paragraph 2 in the version set by the article. 1 paragraph 21 (b). (b)) of the Act of August 5, 2015, amending the law on protection of competition and consumers, and some other laws (OJ. 1634). The change came into force on April 17, 2016.

[40] Article. 107 as amended stipulated by art. 1 section 22 of the Act of August 5, 2015, amending the law on protection of competition and consumers, and some other laws (OJ. 1634). The change came into force on April 17, 2016.


[41] Article. 111 paragraph 1. 3 paragraph 2 shall be added to be fixed by the article. 1 paragraph 23 (b). a) of the Act of August 5, 2015, amending the law on protection of competition and consumers, and some other laws (OJ. 1634). The change came into force on April 17, 2016.

[42] Article. 111 paragraph 1. 4, paragraph 2 shall be added to be fixed by the article. 1 paragraph 23 (b). (b)) of the Act of August 5, 2015, amending the law on protection of competition and consumers, and some other laws (OJ. 1634). The change came into force on April 17, 2016.

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