Poland: UOKiK introduces special programme to obtain information from whistleblowers

Poland
Available languages: PL

The Polish Competition Authority (“UOKiK”) is introducing a special programme to encourage anonymous informants (“whistleblowers”) to provide information on competition law infringements.

Anyone who has information on a prohibited agreement (e.g. a cartel, bid rigging or forbidden vertical agreements) can be a whistleblower. The UOKiK encourages such a persons to inform the authority anonymously of any evidence or information concerning illegal conduct. The UOKiK gives its assurance that it will not try to identify the whistleblowers. The new programme aims to help the fight against the most serious competition law infringements and increase their detection.

As a first step of the new programme, the UOKiK has already introduced aspects of the programme that should facilitate the anonymous transfer of information, including:

  • a special e-mail address;
  • a hotline for whistleblowers; and
  • a website which contains helpful information on the subject.

The UOKiK has also revealed that it is currently working to introduce more advance IT tools operated by external service providers, which will provide a secure form of communication for whistleblowers wishing to remain completely anonymous. The authority models its work on the European Commission and competition authorities from other EU countries (e.g. Germany and Denmark), which currently use such IT tools.

The programme will also require changes to the law, which the UOKiK is currently working on. The aim is to introduce the institution of whistleblower into competition law, provide adequate protection for such persons as well as an incentive scheme. Details are not yet known; however, the President of the UOKiK has announced that various forms of financial incentive are being considered, such as a special pension or a one-time award.