The impact of the implementation of the ECN+ Directive on the request for information procedure in national antitrust proceedings

Abstract

The article examines the impact of the implementation of the ECN+ Directive on the structure and functioning of the request for information (RFI) institution in Polish antitrust proceedings. The author discusses the genesis and objectives of the ECN+ Directive, highlighting its pivotal role in harmonizing the procedural competencies of national competition authorities across the European Union. Particular attention is paid to the amendment of Article 50 of the Polish Competition and Consumer Protection Act, including the expansion of the entities obliged to cooperate with the President of UOKiK and the introduction of limited guarantees of the right against self-incrimination. The article also provides a critical analysis of the achievement of the Directive’s objectives in Polish legislation, emphasizing the fragmented nature of its transposition and issues arising from the omission of certain procedural safeguards, such as the full application of the right against self incrimination to businesses. The author points out the implications of these shortcomings for procedural balance and the effectiveness of competition law enforcement in Poland.