Nowy model wymierzania kar pieniężnych za naruszenia konkurencji przez związki przedsiębiorców – rodzaje ryzyka i konsekwencje
A new model for imposing fines for competition law violations by business associations – risks and consequences

Summary/Abstract: On 20 May 2023, an amendment to the Act on Competition and Consumer Protection entered into force in Poland, which implements the provisions of the ECN+ Directive. One of the pillars of the ECN+ Directive is to give National Competition Authorities (NCAs) the power to impose effective, proportional and dissuasive penalties on business associations. In a situation where the violation committed by an association of undertakings is related to the activities of its members, the fine may amount to up to 10% of the total global turnover of those members of the association that operated on the market where the violation occurred. In this article, the authors examine whether the Polish legislator has properly implemented these EU provisions, and what consequences and risks, for business associations and their members, result from the amendment. The aim of the article is to indicate the most important interpretative doubts related to the new model of fines imposed on business associations.

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