The Polish competition authority (Prezes Urzędu Ochrony Konkurencji i Konsumentów, “PCA”) has recently addressed the issue of resale price maintenance clauses (“RPM”) (see PCA decision of 31 December 2012 in case no. DOK 9/2012). The matter merits some attention, what with interesting argumentation raised in defence of the challenged clause related to a launch of a new product.
PCA approach
Unsurprisingly, PCA said that RPM is among the gravest competition infringements and is prohibited by its object.
According to the Polish watchdog, that conclusion of itself does not, however, preclude an RPM agreement to be ultimately found compliant in specific circumstances. Naturally, an RPM clause [...]
Shortly after revealing proposed amendments to the Competition and Consumer Protection Act (for details, please see my post from May 22), the Polish Competition Authority (the President of the Office for Protection of Competition and Consumers) published draft guidelines on commitment decisions (“Guidelines”).
Since PCA nowadays uses commitment decisions increasingly often (125 such decisions were adopted in 2011, being 35 more than in the previous year), it is important for the undertakings operating in Poland to have a clear guidance on how to offer commitments and avoid fines. This post is an attempt to identify possible key practical consequences of the new policy of the PCA, as they [...]
(1) Significant changes to the Polish Competition Law are on the way.
One could probably not imagine a better case for a debut in this blog. The Polish Competition Authority, or PCA (the President of the Office for Protection of Competition and Consumers), revealed last week details of the awaited proposal of far-reaching changes to the Polish competition law. A review of this document leaves the reader with mixed feelings. Most of the proposals are definitely a step (or even a few steps) in the right direction, some may not work as desired if implemented in their proposed form, and at least one should cause a deep concern among businesses. See below for first impressions on key changes.
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