competition | In Principle

Significant changes are coming for medical device advertising. The rules will be much stricter than before, but still more lenient than drug advertising regulations. For the first time, the new Medical Devices Act regulates influencer advertising. It is already clear that sponsored content will be deemed to be advertising and thus must meet specific requirements under the Medical Devices Act. Companies have until the end of the year to sort out their relationships with influencers.

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.

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.

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.

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.

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.

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?

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.

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.

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.

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.

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.