Polish Competition Authority (Warsaw)

Polish Competition Authority

Polish Competition Authority (Warsaw)

The President of the Office of Competition and Consumer Protection is a central authority of the state administration. They report directly to the Prime Minister, who appoints them from amongst the persons selected by way of an open and competitive contest. The President of the Office is responsible for shaping the antitrust policy and consumer protection policy. The primary antitrust instrument used by the President of the Office are proceedings concerning competition restricting practices, i.e. abuses of a dominant position and prohibited agreements (cartels). The proceedings may end in a decision ordering the enterprise involved to cease the activities in question and pay a fine. The President of the Office is also authorised to control mergers in order to prevent situations where as a result of a merger a dominant entity is created on the market. Since 2004 the Office of Competition and Consumer Protection has been providing its opinion on state aid schemes and individual state aid decisions before their notification to the European Commission, which is the only body with the power to determine state aid’s compliance with the Single Market. Based on reports from the granting entities and beneficiaries, UOKiK prepares annual reports on state aid, evaluating its effectiveness, efficiency and impact on competition.

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Polish Competition Authority (Warsaw)
Polish Competition Authority (Warsaw)
Polish Competition Authority (Warsaw)

Articles

15930 Bulletin

Polish Competition Authority The Polish Competition Authority initiates an extensive investigation into the market for hard coal to examine the rules for distribution and existence of restrictive competition in the market

61

Coal: President of UOKiK initiates an investigation procedure* The President of UOKiK, Tomasz Chróstny, initiated an investigation procedure in connection with the situation on the hard coal market. An extensive market investigation is being conducted with the support of the Trade Inspection (...)

Polish Competition Authority The Polish Competition Authority opens an investigation into whether antitrust laws were breached when distributors and producers of animal feed cooperated (Empire Brands)

55

Animal feed market - actions of the President of UOKiK* Did dog and cat food producer Empire Brands break the antitrust law? Tomasz Chróstny, President of UOKiK, launched a preliminary investigation in the case and the Office staff conducted a search at the company’s registered office. The (...)

Polish Competition Authority The Polish Competition Authority issues decision on bid rigging during public tender process for greenery maintenance and passenger transport services and imposes penalty on liable bidders

301

Bid rigging - two decisions of the President of UOKiK* Tomasz Chróstny, the President of UOKiK, issued two decisions on bid rigging, in which he imposed penalties totalling nearly PLN 330,000. Entrepreneurs tried to affect the outcome of procurement procedures for greenery maintenance in the (...)

Polish Competition Authority The Polish Competition Authority finds that the exchange of information between pharmaceutical wholesalers may have restricted competition in the market and resulted in higher prices for consumers in pharmacies

188

Data exchange between pharmaceutical wholesalers - charges presented by the President of UOKiK* The exchange of information between pharmaceutical wholesalers may have restricted competition in the market and resulted in higher prices for consumers in pharmacies. Through specialised IT tools, (...)

Polish Competition Authority The Polish Competition Authority initiates proceedings concerning the imposition of a penalty on a leading video surveillance product provider for concealing evidence during a dawn raid (Dahua Technology)

219

Obstructing a search - the President of UOKiK initiated proceedings on the imposition of a penalty* President of UOKiK Tomasz Chróstny initiated proceedings concerning the imposition of a penalty on Dahua Technology Poland. The company’s actions might have obstructed the search conducted as part (...)

Polish Competition Authority The Polish Competition Authority fines a German supermarket for forcing suppliers to accept unfavourable contract terms, applying unfair retrospective discounts and mislabelling products to suggest domestic production (Kaufland Polska Markety)

182

Decisions of the President of UOKiK on Kaufland* Kaufland Polska Markety required suppliers to reduce the price of agricultural and food products after their sale, unfairly using its contractual advantage. Moreover, it misled consumers as to the country of origin of the vegetables. The (...)

Polish Competition Authority The Polish Competition Authority investigates potential bid-rigging and market sharing in the supply of IT systems to the healthcare sector (Asseco Poland / Comarch Healthcare / Bestprojects)

154

BID-RIGGING? INVESTIGATION AND SEARCHES* Does the supply of hospital information systems violate the competition law? President of UOKiK Tomasz Chróstny has initiated an investigation into the matter, and UOKIK employees, with the consent of the court, have conducted searches at the premises (...)

Polish Competition Authority The Polish Competition Authority orders large agri-food company to pay supplier debts in a first ever decision that provides public compensation to entities other than consumers (SCA Polska / Intermarché)

278

UOKiK President orders SCA PR Polska (Intermarche) to pay debts towards suppliers* President of the Office of Competition and Consumer Protection Tomasz Chróstny obliged SCA PR Polska (Intermarche Group) to change practices that could constitute an unfair use of contractual advantage. As a (...)

Polish Competition Authority The Polish Competition Authority orders a fitness firm to introduce measures to increase competition in the sport and recreation package market (Benefit Systems)

157

DECISION OF THE PRESIDENT OF UOKIK – OBLIGATION OF BENEFIT SYSTEMS* President of UOKiK Tomasz Chróstny obliged Benefit Systems, the operator of Multisport cards, to introduce measures to increase the level of competition in the fitness industry. The Company is expected to take steps to foster (...)

Polish Competition Authority The Polish Competition Authority initiates proceedings against 3 entrepreneurs for bid rigging in public procurement procedures for renovation and construction services (Antczak Sprzątanie Remonty Handel / Tech-Fen / Kamastra)

577

Bid rigging - three proceedings* The President of UOKiK initiated proceedings concerning bid rigging. Charges were brought against three entrepreneurs who may have influenced the results of public contract procedures concerning renovation and construction services. UOKiK has received (...)

Polish Competition Authority The Polish Competition Authority orders another audit of prices in the agricultural sector with a special focus on apples, blueberries, potatoes and cabbage

333

Who makes money on fruit and vegetable sales and how much?* UOKiK President has ordered yet another audit of fruit and vegetable prices. Trade Inspection (TI) personnel will check the prices of apples, blueberries, potatoes and cabbage at different levels of the trading chain. This will make (...)

Polish Competition Authority The Polish Competition Authority grants conditional approval of an acquisition of a medical services company by its competitor (Betamed / Air Liquide)

300

UOKiK President grants conditional approval for consolidation* UOKiK President Tomasz Chróstny has issued conditional approval for the acquisition of Betamed by Air Liquide. Both companies operate, among others, in medical service markets financed by the National Health Fund. The conditions (...)

Polish Competition Authority The Polish Competition Authority launches inspections at apple purchasing centres in order to ensure that the prices of apples paid to fruit growers are set according to the law

323

Activities of UOKiK and the Trade Inspection in apple purchasing centres* The agricultural and food market is closely monitored by the President of the Office of Competition and Consumer Protection (UOKiK). The latest activities concern inspections at apple purchasing centres. The Trade (...)

Polish Competition Authority The Polish Competition Authority fines a dietary supplements company and its two executives for colluding with distributors to apply minimum resale prices (Solgar)

319

Decision of the President of UOKiK - collusion on the dietary supplements market* President of UOKiK Tomasz Chróstny issued a decision stating that the prices of Solgar brand dietary supplements were determined as a result of an arrangement aimed at limiting competition. This means that (...)

Polish Competition Authority The Polish Competition Authority receives the withdrawal of a hypermarket chain from the takeover of the commercial space used by a competitor (Kaufland Polska Markety / Wanship / E.Leclerc)

302

Kaufland withdraws application to take over E.Leclerc store in Kielce* Kaufland Polska Markety has withdrawn the application to be granted permission to take over the commercial space used by the hypermarket E.Leclerc in Kielce. Earlier, the President of UOKiK presented his objections to the (...)

Polish Competition Authority The Polish Competition Authority raises objections to the merger of two hypermarket chains for possible reduction of competition in the local market (Carrefour / Polska)

127

Objections to the concentration of Carrefour - Tesco* The President of UOKiK Tomasz Chróstny has raised objections to the takeover by Carrefour Polska of the retail space of Tesco hypermarket in Bielany Wrocławskie. The transaction may lead to reduced competition in the local market. The (...)

Polish Competition Authority The Polish Competition Authority initiates a preliminary investigation into whether a manufacturer of cleaning products has been imposing minimum resale prices on distributors of professional cleaning equipment and systems on the Internet (Kärcher)

156

Overpriced Kärcher equipment?* Have Kärcher products been overpriced for many years? President of the Office of Competition and Consumer Protection Tomasz Chróstny initiated a preliminary investigation into the matter, while Office employees conducted a search at the premises of Kärcher. The (...)

Polish Competition Authority The Polish Competition Authority issues objections to the hypermarket chain’s acquisition of the right to commercial space used by its competitor (Kaufland Polska Markety / Wanship / E.Leclerc)

142

Objections to the Kaufland - E.Leclerc concentration* President of UOKiK Tomasz Chróstny has issued objections to the acquisition by Kaufland Polska Markety of the right to commercial space used by the E.Leclerc hypermarket in Kielce. The transaction may lead to reduced competition in the local (...)

Polish Competition Authority The Polish Competition Authority initiates proceedings against a leading grain trader for unfairly exploiting its contractual advantage (Cefetra Polska)

258

President of UOKiK initiates proceedings concerning the practices of Cefetra Polska* The President of UOKiK Tomasz Chróstny initiated proceedings against the Cefetra Polska company. The entrepreneur may be unfairly exploiting its contractual advantage. Of particular concern are contracts that (...)

Polish Competition Authority The Polish Competition Authority approves the acquisition of a telecommunications infrastructure company by its competitor (Cellnex Poland / Polkomtel Infrastruktura)

295

Cellnex Poland with the authorisation of the President of UOKiK to take over Polkomtel Infrastruktura* President of the Office of Competition and Consumer Protection Tomasz Chróstny gave his consent for Cellnex Poland to take control over Polkomtel Infrastruktura. Entrepreneurs own the (...)

Polish Competition Authority The Polish Competition Authority initiates a preliminary investigation into whether a car manufacturer and its dealers concluded an agreement which could restrict competition (Kia)

264

Collusion by Kia car dealers? Preliminary investigation and searches by UOKiK* Are Kia cars sold in breach of competition law? President of the Office of Competition and Consumer Protection Tomasz Chróstny initiated a preliminary investigation into the matter, Office employees conducted (...)

Polish Competition Authority The Polish Competition Authority initiates proceedings against a bicycle retailer for entering into an exclusive distribution agreement hindering competition (Merida bicycles)

186

Merida bicycles - proceedings of the President of UOKiK* Does the sale of Merida bicycles in Poland violate the rules of competition? Tomasz Chróstny, the President of the Office of Competition and Consumer Protection has issued a statement against Merida Polska. As a result of the practices of (...)

Polish Competition Authority The Polish Competition Authority initiates proceedings against multiple TV channel distributors for abusing their dominant position (Telewizja Polsat / Discovery)

168

TV packages - President of The Office of Competition and Consumer Protection has initiated antitrust proceedings Tomasz Chróstny, President of the Office of Competition and Consumer Protection, has initiated two antitrust proceedings against Telewizja Polsat and four companies belonging to the (...)

Polish Competition Authority The Polish Competition Authority initiates proceedings against a company for abusing its bargaining power in the grain and rapeseed market (PolishAgri)

280

Superior bargaining power - proceedings of the President of UOKiK against PolishAgri* President of UOKiK Tomasz Chróstny brought charges against PolishAgri, a company that buys and sells grain and rapeseed. The company may be unfairly abusing its superior bargaining power against suppliers. The (...)

Polish Competition Authority The Polish Competition Authority initiates proceedings against retail chains suspected of applying unfair retrospective discounts (Kaufland Polska Markety / Eurocash / Intermarche)

408

The President of UOKiK has initiated proceedings against other retail chains suspected of applying unfair retrospective discounts* President of UOKiK Tomasz Chróstny initiated investigation procedures towards Kaufland Polska Markety, Eurocash and SCA PR Polska (Intermarche). The objections (...)

Polish Competition Authority The Polish Competition Authority conducts dawn raids and initiates explanatory proceedings against pharmaceutical wholesalers for allegations of exchange of information and price fixing (Neuca Spółka Akcyjna / Przedsiębiorstwo Dystrybucji Farmaceutycznej Slawex / Farmacol Serwis / Farmacol Logistyka)

315

Do pharmaceutical wholesalers increase drug prices by exchanging information?* Could unfair market practices, resulting in higher drug prices and restriction of competition, be facilitated by the IT systems used by pharmaceutical wholesalers? President of UOKiK Tomasz Chróstny has initiated (...)

Polish Competition Authority The Polish Competition Authority charges the supermarket group’s buyer company with abuse of contractual advantage against its suppliers (SCA PR Polska)

95

Contractual advantage - proceedings of the President of UOKiK against SCA PR Polska (Intermarche Group)* President of UOKiK Tomasz Chróstny brought charges against SCA PR Polska, a company responsible in the capital group for purchases in the Intermarche chain. The company is likely to abuse (...)

Polish Competition Authority The Polish Competition Authority fines apple concentrate manufacturer for abuse of contractual advantage against its apple suppliers by significantly delaying payments to them (Appol)

54

PLN 1.7 million penalty for Appol company for delayed payments to apple growers* The Appol company has been abusing its contractual advantage against apple suppliers by significantly delaying the payments for the completed deliveries of raw material for apple concentrate. President of UOKiK (...)

Polish Competition Authority The Polish Competition Authority obliges an association of marketing agencies to stop affecting its members’ independence in tenders and stop organizing unauthorized exchanges of information (Marketing Communication Association SAR)

118

Marketing Communication Association SAR to change its practices* The Marketing Communication Association SAR affected the independence of its members in tenders and organized unauthorized exchange of information. President of UOKiK Tomasz Chróstny has obliged the Association to change its (...)

Polish Competition Authority The Polish Competition Authority clears the first merger under rules for protecting companies of strategic national importance during COVID-19 (H&F Corporate Investors VIII / The Center for Electronic Settlements Polish ePayments)

108

Investment control - first decision of the President of UOKIK* H&F Fund from the Cayman Islands granted consent to take over the Center for Electronic Settlements Polish ePayments S.A. The transaction does not pose a threat to security, order or public health. This is the first decision of (...)

Polish Competition Authority The Polish Competition Authority opens investigation into unfair use of contractual advantage by the largest national food wholesaler against its suppliers (Eurocash)

191

Unfounded Eurocash fees - charges of the President of UOKiK* President of UOKiK Tomasz Chróstny checks the practices of Eurocash company towards suppliers of agricultural and food products. The allegations concern unfounded collection of additional fees. The main business of Eurocash is (...)

Polish Competition Authority The Polish Competition Authority imposes a maximum fine due to lack of approval for the joint venture to 6 companies participating in the construction of a gas pipeline (Gazprom / Nord Stream 2)

258

Nord Stream 2 - maximum penalties imposed by UOKiK President* Tomasz Chróstny, President of UOKiK, has imposed a penalty of over PLN 29 bn on Gazprom, and of over PLN 234 mln on 5 remaining companies participating in the construction of the gas pipeline - as a result of the lack of approval for (...)

Polish Competition Authority The Polish Competition Authority imposes fines for failure to report concentration and for failure to provide information during a market study on two companies in the gas market (AmeriGas / Linde Gaz)

99

Concentration control - fines imposed by the President of UOKiK* Fines for concentration without the consent of the President of the Office and for failure to provide information during the proceedings - these are the latest decisions of the President of UOKiK Tomasz Chróstny regarding (...)

Polish Competition Authority The Polish Competition Authority initiates an investigation into the relations between broadcasters and operators of cable TV and digital platforms following complaints on the methods of selling TV shows by broadcasters

95

President of UOKiK will check practices of TV broadcasters* Does the sale of TV packages to operators, including cable networks, by broadcasters hinder competition? Do the broadcasters leverage their market position in the advertising market? This will be the subject of explanatory proceedings (...)

Polish Competition Authority The Polish Competition Authority fines six manufacturers of wooden railroad sleepers for bid-rigging (Track Tec / Kolejowe Zakłady Nawierzchniowe / Sleeper Treatment Plant in Czeremcha / Sleeper Treatment Plant in Koźmin Wielkopolski / ThyssenKrupp / Trade-Port)

103

Bid rigging - decision of the president of UOKiK* President of UOKiK Tomasz Chróstny imposed a fine of over PLN 13.5 million on six manufacturers of wooden railroad sleepers. The entrepreneurs entered into a bid rigging for the delivery of products for PKP PLK. The following entrepreneurs (...)

Polish Competition Authority The Polish Competition Authority announces it will check a national e-commerce platforms’ practices for cooperation practices with its sellers (Allegro)

69

President of UOKiK will check practices of Allegro* What are the conditions of cooperation between Allegro and its users? President of UOKiK Tomasz Chróstny has instigated an investigation procedure concerning the practices of Allegro to check whether there might have been any violations of (...)

Polish Competition Authority The Polish Competition Authority imposes penalties on producers of feed for breeding animals for engaging in market sharing and concluding restricting agreements (Polmass / Ekoplon)

55

President of UOKiK has imposed penalties of more than PLN 17 million for market division scheme* Producers of feed for breeding animals – Polmass and Ekoplon – have concluded competition-restricting agreements. They shared two markets, thus limiting customers in their free selection of products. (...)

Polish Competition Authority The Polish Competition Authority initiates proceedings against the largest sugar producers in Poland for engaging in contractual advantages against farmers (Pfeifer / Langen)

65

President of UOKiK presses charges against Pfeifer&Langen* President of UOKiK Tomasz Chróstny has initiated proceedings against Pfeifer & Langen Polska. The company may have been using its contractual advantage against farmers. The Office is also going to examine the practices of other (...)

Polish Competition Authority The Polish Competition Authority issues a decision in a bid-rigging case and confirms that companies transporting pupils were illegally influencing the results of public procurements (Jakubas)

90

Bid rigging - decision of the President of UOKiK* President of UOKiK Tomasz Chróstny has issued his decision in a bid rigging case. The companies transporting the pupils were illegally influencing the results of public procurements - if their proposals were the most advantageous, then the (...)

Polish Competition Authority The Polish Competition Authority fines €50 million a gas company for failure to cooperate in the investigation into the construction of a gas pipeline (Gazprom)

140

Nord Stream 2 - President of UOKiK imposes penalty on Gazprom* President of UOKiK Tomasz Chróstny has imposed a penalty of PLN almost 213 mln on Gazprom for failure to cooperate in the investigation conducted in relation to the construction of Nord Stream 2 gas pipeline. Such an obligation (...)

Polish Competition Authority The Polish Competition Authority completes its initial activities towards the biggest 100 companies in the agri-food market and initiates proceedings against 4 commercial retail chains for unfair use of contractual advantages (Auchan Polska / Eurocash / Makro Cash and Carry Polska / Intermarche)

303

UOKiK’s further proceedings in the agri-food sector* UOKiK has completed its activities towards one hundred of the biggest players on the agri-food market, which were conducted under the Act on Contractual Advantage. In the course of the UOKiK’s proceedings, the majority of entrepreneurs (...)

Polish Competition Authority The Polish Competition Authority clears merger subject to the resulting corporate group’s accepting to sell two fuel stations (BP Europa / Arge Paliwa / Arge Nieruchomości)

81

Conditional approval for concentration: BP - Arge* The Office of Competition and Consumer Protection (UOKiK) issued an approval for acquisition, by BP Europa, of control over Arge Paliwa and Arge Nieruchomości. The Transaction may become effective under the condition that the acquiring company (...)

Polish Competition Authority The Polish Competition Authority fines two transport companies for allocating the local passenger transport market between themselves (PKS / Rafbus)

230

Prohibited market allocation scheme in the passenger transport* Two undertakings allocated the local passenger transport market between themselves. The initiator of the agreement was PKS in Piła. A fine of more than PLN 95,000 was imposed on the company for the infringement of competition. The (...)

Polish Competition Authority The Polish Competition Authority conducts investigation into company takeover and concludes that the resulting concentration restricts competition in the national market (PKPE / Elester-PKP)

71

Concentration concern: PKPE Holding and Elester-PKP* > UOKiK has issued a competition concern regarding the takeover of Elester-PKP by PKPE Holding. > The concentration may result in a restriction of competition. > The concern is by no means determinative of the possible final ruling in this (...)

Polish Competition Authority The Polish Competition Authority clears a merger, subject to remedies, in the wholesale and retail sale of everyday consumer goods market (Dystrybucja Alkoholi / Eurocash)

159

CONDITIONAL CONCENTRATION CLEARANCE: EUROCASH - PDA* The President of the Office of Competition and Customer Protection (UOKiK) gave his consent to a takeover of Polska Dystrybucja Alkoholi by Eurocash. The transaction may take place providing the purchase of a warehouse in Pabianice is (...)

Polish Competition Authority The Polish Competition Authority clears the creation of a joint undertaking in the power generation and distribution market (Polska Grupa Energetyczna / Polska Miedź)

167

The OCCP approves the formation of PGE EJ 1* The Office of Competition and Consumer Protection (OCCP) has approved the formation of PGE EJ 1, a joint undertaking of the energy groups PGE Polska Grupa Energetyczna, Tauron, and Enea and of the mining group KGHM Polska Miedź to build Poland’s (...)

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