Bernadeta Kasztelan-Świetlik at the conference entitled The Business Enterprise Before UOKiK: Risks, Procedure, Sanctions.

The conference The Business Enterprise Before UOKiK: Risks, Procedure, Sanctions will be held on 22-23 May, with Bernadeta Kasztelan-Świetlik leading a panel on levying of penalties by UOKiK, the Polish antitrust authority.

The panel, entitled “Limits on the discretionary nature of penalties applied by the President of UOKiK, verification of penalty amounts by the courts in appeal proceedings”, will address the following issues:

  • Discussion, in reference to case studies, of elements relevant to setting penalties:
    • Mitigating circumstances, e.g. lack of actual market effects, passive role in the violation, discontinuation of the practice, cooperation with UOKiK;
    • Incriminating circumstances, e.g. deliberate nature of the violation, application of retaliatory measures, active role in the violation;
  • UOKiK penalty policies and the UOKiK Clarifications vis a vis independence of the courts considering appeals against UOKiK decisions:
    • Mitigating circumstances not mentioned in the legislation or in the UOKiK Clarifications but recognised by the courts;
  • Different assessments of the facts.

    Bernadeta Kasztelan-Świetlik

    Partner in GESSEL,
    former Vice President of UOKiK (2014-2017)