Due Process Rights in Polish Antitrust Proceedings. Case Comment to the Judgment of the Polish Supreme Court of 3 October 2013 – PKP Cargo S.A. v. President of the Office of Competition and Consumers Protection (Ref. No. III SK 67/12)

The Polish Supreme Court delivered on 3 October 2013 an important ruling (Ref. No. III SK 67/12) concerning the case of PKP Cargo S.A. (hereafter, PKP Cargo) against the Polish Competition Authority – the President of the Office for Competition and Consumer Protection (hereafter, UOKiK). The reviewed judgment constitutes a crucial precedent with respect to procedural fairness (due process rights) in the enforcement of Polish competition law. It states that when examining appeals from administrative decisions issued by the UOKiK President, civil courts may also rule on violations of procedural provisions (administrative law) committed by the National Competition Authority (hereafter: NCA). Depending on the type and importance of procedural infringements indicated in the appeal, the 1st instance court revising the decisions of the UOKiK President, as well as other relevant courts of higher instances, may rule that an appeal is legitimate and quash the administrative decision of the UOKiK President on procedural grounds only (even without deciding on the infringement of competition law)