An alternative option to imposing a fine for both abuse of a dominant position and agreements restricting competition is the use of concept of “commitments” (provision of the article 38f of the Act). Pursuant to the Act on Protection of Competition the undertaking may propose commitments which would eliminate the possible restriction of competition in the market. The Office may terminate the opened proceeding by a decision after having considered the proposed commitments and impose the undertaking an obligation to perform the proposed commitments. In this case, the Office does not state the infringement of the Act, but it directly binds the undertaking to implement the measures to eliminate the problem identified in the market.
Last update: 04.07.2014