Tuesday, 31 March 2026
Rising penalties for breaches of competition and consumer protection law in Poland are contributing to increased interest in antitrust compliance audits, according to legal practitioners. Both companies and managers face financial exposure, which is influencing how compliance is addressed at management level.
Law firm GESSEL reports a rise in client inquiries related to competition law audits, as businesses review risks linked to distribution models, tender participation and contacts with competitors. The trend reflects ongoing enforcement activity by UOKiK.
Under Polish and EU competition law, companies may face fines of up to 10 percent of annual turnover for anti-competitive agreements or abuse of a dominant position. Managers can also be held personally liable, with penalties of up to PLN 2 million for intentional infringements.
Breaches of consumer protection rules may also result in financial penalties. In such cases, audits typically include pricing policies, promotional practices and communication with customers. UOKiK uses data analysis tools to monitor market practices.
According to publicly available UOKiK data, penalties imposed on companies for competition-restricting practices exceeded PLN 650 million in 2024, while fines on managers were above PLN 4 million. Preliminary figures for 2025 indicate that total penalties related to competition and consumer protection cases reached approximately PLN 1.15 billion, including more than PLN 580 million linked to competition infringements.
“From the perspective of the board, an audit can be a kind of ‘insurance policy’. It allows you to identify risks before they become the subject of proceedings of an antitrust authority. In practice, this means real protection for both the company and the managers,” said Natalia Leśna, Senior Associate at GESSEL.
Recent enforcement cases include fines exceeding PLN 400 million in matters involving price-setting and market allocation in distribution networks, including the automotive sector. Similar findings have been made in cases involving agricultural equipment distribution. In the area of consumer protection, penalties exceeding PLN 100 million have been imposed for misleading commercial practices.
Legal advisors note that compliance activities in some companies are limited to contract reviews. A broader antitrust audit may also include an assessment of business practices, internal processes and market behaviour.
“The classic review of contracts is based on the verification of documents and does not always fully end with a full picture of the risks and possible areas that may generate risks related to the area of interest of the antitrust authority. Antitrust audit is more comprehensive – we analyze not only the provisions in contracts, but also the sales procedures, advertising message, distribution models or the practice of participating in tenders. We analyze the risks associated with the use of exclusivity clauses or the use of contractual advantage. With extensive knowledge of ‘from both sides of the desk’ we can detect in advance areas that can result in violation of the regulations. It is always cheaper and more effective to prevent this type of tort than to react later to the interventional action of the body,” Leśna added.
Common risk areas identified in audits include resale price maintenance, tender procedures and contacts with competitors, including the exchange of sensitive information. Authorities in Europe are also examining labour market practices such as non-solicitation agreements between employers.
Consumer protection risks are also being reviewed, particularly in digital sales channels. This includes how prices, promotions and subscription models are presented to customers.
A structured audit may also be relevant during proceedings. Under UOKiK’s leniency programme, companies involved in anti-competitive conduct may receive reduced penalties in exchange for cooperation.
“If the entrepreneur can show that he has implemented real compliance mechanisms and reacted to signals about violations, it may be important in the course of the proceedings,” said Monika Bychowska, Senior Associate at GESSEL. “Antitrust authorities analyze the degree of diligence of the management board and preventive actions taken, so it is worth taking care of such actions before the control or other actions of the regulator become a fact.”
Audits are also used in investment processes, where compliance with competition law is one of the elements considered in company assessments.
“For investors and supervisory boards, antitrust risk is one of the key elements of the company’s assessment today. Violations of competition law can mean not only multi-million dollar penalties, but also civil disputes, loss of reputation and a decrease in the value of the company,” said Karolina Olszewska, Senior Associate at GESSEL.
As enforcement activity continues, antitrust audits are increasingly used as part of corporate risk management.
