Odpowiedzialność przedsiębiorcy za niedostarczanie informacji i dokumentów na żądanie Prezesa UOKiK – kilka refl eksji po decyzji w sprawie Engie

Abstract

The article contains an analysis of the solutions adopted in the Polish legal system governing the procedure for requesting information and documents by the President of the Office of Competition and Consumer Protection (President of UOKiK). In the first part of the article, the author discusses the basic standards that should be met by a request of the UOKiK, with regard to the scope of the request and its purpose, taking into account, in particular, the guidelines which follow from EU case-law. The author considers the scope of the obligation under Article 50 Section 1 of the Act on Competition and Consumer Protection (the Act), criticizing the solution that makes it impossible in practice to challenge the demands of the President of UOKiK without a risk of exposure to severe financial sanctions. The proposals for amendments of applicable regulations are also discussed, the aim of which would be to provide business undertakings with an adequate standard of protection of their fundamental rights in connect in with the procedure for submitting information and documents requested by the President of UOKiK. The second part of the article is devoted to issues concerning financial penalties for a breach of the obligation referred to in Article 50 Section 1 of the Act. The author discusses the current legal framework and indicates the need to introduce certain legislative changes in the future. The analysis also covers the practice of the Polish competition authority to impose penalties for a breach of the obligation under Article 50 Section 1 of the Act