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UOKiK on the application of competition law during the crisis

Poland
25/03/2020
Available languages: PL
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The Polish Competition Authority (UOKiK) has partaken in the joint statement of the European antitrust authorities and the European Commission (under the European Competition Network (ECN)) on the application of competition law in the face of the current crisis.

According to this statement, UOKiK – similarly to the European Commission and antitrust authorities of other Member States – will not actively intervene against necessary and temporary measures put in place in order to avoid a shortage of supply. An example of such a measure is the cooperation for the purpose of ensuring the supply and fair distribution of rare products to all consumers.

The statement is - by its very nature - very generic. Importantly, the antitrust authorities declared the possibility of consultation in case of doubt as to the legitimacy of the planned cooperation. It also cannot be excluded that UOKiK (independently or under ECN) will prepare and publish more detailed guidelines regarding its permissible forms and the principles on which it could be carried out.

At the same time, UOKiK (and other antitrust authorities) declared that they would take all possible actions against businesses which are taking advantage of the current situation by cartelizing or abusing their dominant position. The aim of these actions is to ensure that products considered essential to protect the health of consumers in the current situation (e.g. face masks and sanitisers) remain available at competitive prices.

We are monitoring the above and will notify you of any significant developments.

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