PROCEEDINGS OF UOKIK - COLLUSIONS
Skis by Rossignol, Citizen watches, or Cube bikes – to name a few products whose price
might have been fixed by their distributors. The Office checks if the pricing policy of
franchise restaurant establishments under Sphinx is not contrary to the rules of
competition. Moreover, the proceedings concerning the alleged price fixing by
undertakings transporting wase in Białystok is in progress as well
[Warszawa, 11 April 2013] At present there are 22 proceedings in progress by the
President of the Office of Competition and Consumer Protection as regards applying
prohibited agreements of undertakings. Most of them concern fixing resale price between
undertakings opertaing at different level of trade (e.g. importer – retail sellers).
Consumers may be influenced by side effects of such practices as they are deprived of
buying products under collusion at more favourable prices.
One of conducted proceedings regards Sfinks Polska, a company running a chain of
restaurants under the business name Sphinx, including the operation of franchise
restaurants of independent undertakings acting on their own account and risk. Following
the information and documents collected by the Office, prices and promotions by
frenchisees are fixed by Sfinks Polska in advance. However, the antimonopoly law does not
allow for fixing selling prices by undertakings operating within a given distribution system,
including the frenchising. Undertakings should feel free when shaping their pricing policy.
The Office instituted proceedings against Sfinks Polska to check if the company had
concluded a prohibited agreement.
Another proceedings regards Ski Team, a company which is, among others, a sole
distributor of bicycles and Cube branded accessories. The information collected under the
explanatory proceedings, also during inspection with search, revealed that the company
might have imposed minimum selling prices of Cube products on its trading parters.
Furthermore, it pressurised these sellers who applied rates below the fixed level, which
could even mean terminating the contract.
Another proceedings instituted by the President of the Office will reveal if consumers may
have been deprived of the right to purchase ski and snowboard equipment by Rossignol,
Dynastar and Lange at more favourable prices. The data collected by the Office clearly
demonstrates that PM Sport, the sole importer of these products, is likely to fix with its
distributors minimum resale prices of the gear.
The pending proceedings concern also collusions of competitors. In one of them, the
President of UOKiK intends to detect a possible price collusion between undertakings
rendering waste disposal services in Białystok (Astwa, Czyścioch, MPK seated in Ostrołęka
and MPO). Following the information collected during the explanatory proceedings, the
entities simultaneously introduced new price lists for their services. The initiated
proceedings will clarify if this resulted from a prohibited practice, i.e. joint price fixing.
For participation in a competition-restricting agreement, undertakings can be imposed a
fine of up to 10 % of revenue gained in the year preceding the decision.
Whenever undertakings decide to cooperate with the Office under the leniency
programme, they may expect immunity from fines imposed on them for participating in a
competition-restricting agreement. The undertaking providing evidence for the existence
of cartel, was not its initiator and has ceased the prohibited practices, may even expect a
full immunity from financial sanction. Any questions concerning the programme, even
anonymous, can be addressed to UOKiK lawyers at the following phone number: +48 22
55 60 555.
Additional information for the media:
Małgorzata Cieloch, Spokesperson for UOKiK
Pl. Powstańców Warszawy 1, 00-950 Warszawa
Departament of International Relations and Communication
Tel.: +48 22 827 28 92, 55 60 430
Fax: +48 22 826 11 86
E-mail: [email protected]