Ochrona tajemnicy przedsiębiorstwa w postępowaniach przed Prezesem UOKiK
Protection of business secrets in proceedings before the President of the Polish Competition Authority

Summary/Abstract: The article aims to discuss the applicable standards, as far as the scope of the protection of confidential information (business secrecy) is concerned, in proceedings before the Polish National Competition Authority (President of UOKiK) as well as in appeal proceedings before the Court of Competition and Consumer Protection (SOKiK). It also includes comments regarding both the application of the provisions themselves and their amendment. The analysis of current provisions covers planned changes corresponding with the implementation of Directive 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure. The analysis advocates the introduction of solutions aimed at increasing judicial control over decisions issue by the President of UOKiK in cases based on a limitation of the right to inspect evidence ex officio, and strengthening control over compliance by the NCA. Due to the conflict between the rights of defence, the principles of open proceedings and a company’s right to protect confidentiality, the authors also propose to clarify the currently applicable provisions

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