On 17 October 2014, the Office of Competition and Consumer Protection (UOKiK) initiated proceedings to determine whether Polskie Górnictwo Naftowe i Gazownictwo (PGNiG), Poland's largest oil and gas exploration and production company, has implemented UOKiK’s decision making binding PGNiG's commitments to modify the way it contracts the supply of gas to its customers.
In December 2013, UOKiK issued a commitment decision stating that PGNiG might have been abusing its dominant position on the retail and wholesale markets for gas supply by using contractual provisions that restricted the ability of its customers to decrease their annual gas purchases in comparison with previous orders and prevented them from reselling the gas they had purchased without PGNiG’s consent. In its commitments, PGNiG committed to change the contested practice and offered its customers the right to sign an addendum which removed the provisions limiting their ability to reduce annual amounts of gas and prohibiting them from reselling purchased gas (See ECN Brief).
The aim of the proceedings initiated on 17 October 2014 is to check whether PGNiG has fulfilled these commitments and changed its practice in line with UOKiK’s decision. The scope of the proceedings also covers PGNiG Obrót Detaliczny, a subsidiary of PGNiG, which was established after the decision had been issued, but became a party to a number of the contested contracts.
Press release here.