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 [...]
On June 29, the Court of Justice of the European Union (ECJ) set aside the judgment of the General Court (GC) in the Alrosa case and dismissed Alrosa’s action on the merits. In the procedural economy/due process conundrum raised by negotiated procedures – Article 9 commitment proceedings in the case a quo – the ECJ decided in favor of the former: “the Commission has a wide discretion to make a proposed commitment binding or to reject it” (¶94). In that sense, Alrosa constitutes clearly a victory for the Commission, but one that raises more questions than it solves, I am afraid.