Workshop entitled: Penalizing managers by the President of the Office of Competition and Consumer Protection - SPK

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SPK News Workshop entitled: Penalizing managers by the President of the Office of Competition and Consumer Protection

Workshop entitled: Penalizing managers by the President of the Office of Competition and Consumer Protection

On January 12, 2023, we held a workshop on: Punishment of managers by the Chairperson of the Office for Competition and Consumer Protection – first experience and controversies from practice – organized together with the law firm KRK Kieszkowska Rutkowska Kolasinski.  The workshop was led by Marcin Kolasinski.

A long and lively discussion ensued among the participants. For example, does the fact that Article 6a of the Act on competition and consumer protection state that a manager is liable if he intentionally allows for “the infringement of […] prohibitions” (and not, for example: “the conclusion of an agreement referred to in Article 6 of the Act”) mean that if he did not know that a given act violated any prohibition, he did not fulfill the elements of the infringement? This has practical significance especially in the context of resale price maintenance practices. Not only are many managers unaware that it is prohibited, but they even have a hard time accepting such information once they are confronted with it. Going further: is it relevant to the interpretation of Article 6a that the prohibitions of the Act are addressed to undertakings and not to individuals who are not undertakings – that is, not to managers of undertakings?

We invite you to view photos from the workshop.