The Polish Office of Competition and Consumer Protection (UOKiK) has launched proceedings against the Marketing Communications Association SAR, which assembles over 130 entities active in various areas of marketing. UOKiK suspects that the Marketing Communications Association may have impeded competition by, among other transgressions, attempting to prevail upon specific agencies to not tender for specific projects.

The legislative Act regarding competition and consumer protection proscribes agreements which have the objective, or the effect, of eliminating, delimiting or otherwise impinging upon competition. For these purposes, agreement or collusion may also include resolutions or other actions by business organisations (and their governing bodies) or by professional self-regulatory bodies. UOKiK has taken the position that the Marketing Communications Association SAR has induced branding agencies to forego certain tenders and that it has arranged for exchange of information in a way which could impede competition.

 

The full text of this article is available (in Polish) on www.prawo.pl. If you are interested in an English-language version or in discussing the issues raised herein with one of our lawyers, please contact: kontakt@gessel.pl