POL UOK Anti-Competitive Penalties


On Apr. 2, POL UOK clarified penalties for anti-competitive practices.


  • POL UOK clarified rules for imposing penalties for competition-restricting practices.
  • Follows Apr. 2020, clarifications published regarding fines for executives; see #83457.
  • Objectives of Guidance
  • Document to give detailed guidance about how penalties for violations are calculated.
  • The Antimonopoly Act specifies maximum fines and the general rules for determining fines, but new document seeks to increase transparency explaining the methodology.
  • Factors Behind Penalty Decision
  • The nature of the violation will be taken into account: its gravity, effects, and scale.
  • Most severe sanctions for collusion between competitors to elimination competition.
  • Other important factors include market structure, barriers to entry, effects of violation on the market, and importance of product for vulnerable customers and the economy.
  • Fine amount will also depend on duration of violation, ensuring it is proportionate.
  • Initial fine may increase or decrease by up to 50%, for example, due to cooperation.
  • Aggravating and extraordinary circumstances may also be taken into consideration.
  • More severe penalties can be avoided due to cooperation via the leniency programme.

Regulators POL UOK
Entity Types B/D; Bank; Exch; HF; IA; Ins
Reference Gd, PR 4/2/2021; PR 8/4/2020
Functions C-Suite; Financial; Legal; Market Conduct; Reporting; Treasury
Countries Poland
Products Banking; Equity; Insurance; Securities
Regions EMEA
Rule Type Guidance
Rule Date 4/2/2021
Effective Date 4/2/2021
Rule Id 102004
Linked to N/A
Reg. Last Update 4/2/2021
Report Section EU

Last substantive update on 04/05/2021