The President of the Polish competition authority (UOKiK) has released new explanations regarding the leniency program, aimed at helping companies and managers avoid severe penalties for participating in anti-competitive agreements. The maximum fines can reach 10% of a company's annual turnover and 2 million PLN for managers.

This is the second document of its kind, following a previous release in 2017. The new guidelines incorporate changes from the EU ECN+ directive and the subsequent amendments to the Polish competition and consumer protection law, reflecting over 20 years of UOKiK's experience with the leniency program.

The leniency program functions similarly to a witness protection scheme in criminal law, allowing participants to avoid or reduce fines by providing evidence or information about illegal activities and cooperating with UOKiK. Introduced in Poland in 2004, the program has been available to both companies and their managers since 2015. Over the past five years, UOKiK has received more than 30 applications for leniency.

President Tomasz Chróstny emphasized the importance of the leniency program as a tool for gathering evidence of anti-competitive agreements. The guidelines are primarily directed at lawyers representing businesses, while companies and managers involved in collusion are encouraged to approach UOKiK to avoid severe sanctions.

Interested parties can download the leniency guidelines from UOKiK's website and are invited to contact the authority for further inquiries. UOKiK also operates a platform for anonymous whistleblowers to report anti-competitive practices, particularly seeking information from current and former employees of companies.