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New EU regulation on vertical agreements: Changes to distribution rules
Since 1 June 2022, a new Vertical Block Exemption Regulation from the European Commission has been in force, setting out the rules for application of EU competition principles to cooperation between suppliers and buyers, in particular distribution. Some forms of vertical collaboration that were previously allowed are now banned. Others have been brought under the protection of the block exemption, meaning that they are now allowed. Some changes can be considered revolutionary.
New EU regulation on vertical agreements: Changes to distribution rules
UOKiK’s business plan for 2022
Protecting consumers from unfair practices in financial services, telecommunications, and consumer sales. Early detection of bid ridding. Combatting payment gridlock. Implementation of EU directives and regulations. These are some of the plans for 2022 of the Polish competition authority.
UOKiK’s business plan for 2022
Mystery shopper: Controlled purchases by UOKiK
Traditionally, a mystery shopper is used for business audits and customer satisfaction surveys. Since 2016, the president of the Office of Competition and Consumer Protection has also been entitled to use this legal instrument. But in each case the authority must obtain prior approval of the Court of Competition and Consumer Protection.
Mystery shopper: Controlled purchases by UOKiK
Maximum fines imposed by the Polish competition authority for gun-jumping in the Nord Stream 2 project, and appeals against the decision
In connection with the recent intensified press reports on the construction of the Nord Stream 2 gas pipeline, it is worth reviewing the current status of the case and the actions of the president of the Office of Competition and Consumer Protection in this regard. In a decision dated 6 October 2020, the Polish regulator imposed fines in the maximum amount (over PLN 29 billion) on Gazprom and five other companies (in the total amount of PLN 234 million) for setting up a joint venture without his prior consent.
Maximum fines imposed by the Polish competition authority for gun-jumping in the Nord Stream 2 project, and appeals against the decision
Media mergers under the current decisional practice of the Polish competition authority
At the beginning of 2021, Poland’s competition authority issued two decisions regarding concentrations of undertakings in the media market. The first decision by the president of the Office of Competition and Consumer Protection (UOKiK) banned Agora SA’s acquisition of control over Eurozet sp. z o.o., while the second allowed PKN Orlen SA to acquire control over Polska Press sp. z o.o. Both decisions are heavily commented on in the media. It is worth looking at them from the point of view of the legal constructions they raise.
Media mergers under the current decisional practice of the Polish competition authority
Geo-blocking game sales
Geo-blocking limits the ability to buy products and services based on the customer’s nationality or residence. The conditions for access to goods and services and payment terms vary according to geographical criteria. In principle, such practices are prohibited in the EU. Does this ban also apply to video games?
Geo-blocking game sales
UEFA sanctions against Super League clubs and players may infringe competition law
On Sunday, 18 April 2021, the whole football world was electrified by news that major clubs from England, Spain and Italy are finalising the construction of the “Super League.” These exclusive matches would be independent of the Union of European Football Associations and pose competition for the Champions League organised by UEFA.
UEFA sanctions against Super League clubs and players may infringe competition law
Data sharing in the light of competition law
Sharing, exchanging or jointly collecting data may be valuable for the businesses involved and for the development of a given industry sector, technological innovation, and, as a result, consumers. Indeed, data are of fundamental importance for the development of the digital economy, either alone or as a basis for functioning of artificial intelligence. Hence, the competitiveness of companies on the market depends on access to relevant data.
Data sharing in the light of competition law
Digital transformation and competition law
The dominance of the US and China in the digital market has forced Europe to take action to reduce over-reliance on solutions developed outside its borders. The desire to maintain international competitiveness requires, among other things, a review of antitrust provisions.
Digital transformation and competition law
EU competition law in Norway? The EFTA Surveillance Authority decision in Telenor
Telenor, a Norwegian telecom, abused its dominant position. This was the ruling pronounced by the EFTA Surveillance Authority under the rules in force in the European Economic Area. The case is worth examining, as the powers of this body also cover the European Union and may apply to the activities of Polish companies.
EU competition law in Norway? The EFTA Surveillance Authority decision in Telenor
New president and priorities of Polish competition authority
The new president of the Office of Competition and Consumer Protection plans to reinforce the regulator’s activity aimed at preventing negative market impacts. His priority will be elimination of harmful practices—not necessarily punishment. Proceedings are to be conducted faster and more efficiently. There will also be many internal changes at UOKiK.
New president and priorities of Polish competition authority
Cooperation between competitors during the crisis
One method companies have of dealing with the crisis is to cooperate with their rivals. But before entering into such cooperation, it is worth examining whether it constitutes a conspiracy subject to sanctions from the national competition authority, the European Commission or other antitrust bodies.
Cooperation between competitors during the crisis