Poland's competition authority – the Urząd Ochrony Konkurencji i Konsumentów (Office of Competition and Consumer Protection, UOKiK) – has entered a markedly more active enforcement phase. Investigations have increased across multiple sectors, penalties have reached record levels, and the authority is coordinating more closely with the European Commission. International companies operating in Poland that have not reviewed their compliance posture risk significant financial exposure and reputational damage.
UOKiK enforces Polish competition legislation, which is closely aligned with EU competition rules, targeting cartel conduct, abuse of market dominance, and failure to notify qualifying concentrations. Fines may reach up to ten percent of a company's annual turnover in Poland for the most serious infringements. Companies operating in Poland should assess their exposure under current enforcement priorities and act before a formal investigation is opened.
This alert summarises the key enforcement developments, the categories of business most at risk, and the immediate steps international companies should take.
What has changed: enforcement priorities and penalty levels
UOKiK has sharpened its focus on three areas of conduct: cartel arrangements among competitors, abusive behaviour by undertakings holding a position of market dominance, and procedural violations in the merger notification process.
On cartel enforcement, the authority has pursued both horizontal price-fixing and market-sharing agreements. Investigations have covered distribution networks, retail supply chains, and digital platforms. UOKiK has also demonstrated willingness to pursue individual managers – not only companies – under Polish competition legislation, exposing executives to personal fines of up to two million Polish zloty.
Abuse of market dominance cases have increased in frequency. The authority targets refusal to deal, discriminatory pricing, and loyalty-inducing rebate schemes. Sectors under particular scrutiny include telecommunications, energy supply, e-commerce platforms, and financial services. A company does not need to hold a formal monopoly to face dominance allegations; a strong market position combined with exclusionary conduct is sufficient.
Merger notification failures remain a recurring enforcement trigger. Polish competition legislation requires prior notification where the combined turnover thresholds are met. UOKiK has fined companies for completing transactions before clearance and for failing to notify at all. The authority also reviews previously cleared transactions where market conditions have changed materially.
Penalty levels reflect this intensified approach. Fines for cartel infringements have reached the upper bound of the statutory range. UOKiK has also used dawn raid powers more frequently – exercised with little advance notice and carrying immediate obligations on employees to cooperate and preserve documents.
For international companies with Polish subsidiaries or significant Polish revenues, the question is not whether these rules apply, but whether internal systems are adequate to detect and prevent infringement before UOKiK acts first.
To receive an expert assessment of your competition law exposure in Poland, contact us at info@ferrazwhitmore.com.
Who is affected: threshold criteria and business categories
The following categories of international business face the highest exposure under current UOKiK enforcement priorities.
Companies with Polish market share above twenty percent in any defined product or geographic market should treat market dominance risk as a live issue. This threshold does not automatically establish dominance, but it triggers the need for careful review of pricing, distribution, and contracting practices.
Groups of companies engaged in cross-border distribution or supply agreements touching Polish territory are subject to scrutiny for both horizontal and vertical restraints. Polish competition legislation prohibits resale price maintenance, territorial exclusivity arrangements that partition the internal market, and information exchanges that reduce competitive uncertainty.
Companies involved in M&A transactions with a Polish dimension must assess merger notification obligations before signing. The Polish merger notification thresholds are set by reference to combined worldwide turnover and Polish turnover. Transactions that fall below EU merger regulation thresholds may still require prior clearance from UOKiK. Closing without clearance – even inadvertently – is a standalone infringement.
Platform operators and digital intermediaries active in Poland are under increased scrutiny. UOKiK has devoted investigative resources to self-preferencing conduct, most-favoured-nation clauses in platform contracts, and data-driven exclusionary strategies.
Companies operating across the EU should note that UOKiK cooperates actively with the European Competition Network. An investigation in one Member State can prompt parallel inquiries elsewhere. For broader corporate disputes arising from competition-related conduct, our analysis of corporate disputes in Poland sets out the litigation and arbitration options available.
What to do now: immediate action items
International companies with Polish operations should treat the following steps as urgent priorities.
- Audit distribution and supply agreements for clauses that fix resale prices, restrict passive sales, or create unjustified territorial barriers within Poland or the EU.
- Review information-sharing arrangements with competitors – including trade association activity and benchmarking exercises – for conduct that could be characterised as a cartel under Polish competition legislation.
- Assess dominance exposure if your company holds a strong position in any Polish product or geographic market. Map pricing, rebate, and supply policies against the categories of abuse that UOKiK has prioritised.
- Verify merger notification compliance for any transaction completed in the past three years with a Polish nexus. Where notification was required and not made, early voluntary disclosure through a leniency programme or structured engagement with UOKiK may reduce penalty exposure.
- Train senior management and sales teams on dawn raid response protocols. Employees must know their rights and obligations immediately upon an inspection. Obstruction – including document destruction or failure to cooperate – carries separate and severe sanctions.
Companies that identify potential exposure should consider whether a leniency programme application is appropriate. Polish competition legislation provides for significant fine reductions – or, in cartel cases, full immunity – for the first company to self-report and cooperate fully. The immunity window closes once UOKiK opens a formal investigation or another party applies first. Delay is directly costly.
For detailed guidance on competition law obligations and enforcement risk in Poland, see our dedicated page on competition law in Poland. For a parallel view of enforcement developments in another EU jurisdiction, our alert on competition enforcement in Portugal provides useful comparative context.
About Ferraz & Whitmore
Ferraz & Whitmore is an international law firm based in Lisbon, advising business clients across 46 jurisdictions. Our competition law practice supports international companies facing UOKiK investigations, merger notification requirements, and cartel exposure in Poland and across the EU. Engaging a lawyer in Poland with cross-border experience is particularly important where conduct spans multiple Member States and risks parallel enforcement actions. As an international law firm in Poland, Ferraz & Whitmore combines Portuguese civil law expertise with English common law tradition to provide integrated competition and corporate advisory services. Our attorneys have advised on competition-related matters before regulatory authorities across both civil law and common law systems. The firm's Lisbon base provides direct access to EU regulatory conditions, while our network of local counsel in Poland and across Central Europe supports on-the-ground enforcement response. To discuss your competition law situation in Poland, contact us at info@ferrazwhitmore.com.
Disclaimer: This publication is provided for informational purposes only and does not constitute legal advice. The information herein should not be relied upon as a substitute for professional legal counsel tailored to your specific circumstances. Ferraz & Whitmore assumes no liability for actions taken or not taken based on the contents of this material. For advice regarding your particular situation, please contact info@ferrazwhitmore.com.
Published: February 23, 2026 | Author: Sophie Kellner, Partner, IP & Technology Law