The Polish NCA issues its first commitment decision in a cartel case (Xella Polska and its distributors)

On 7 July 2008, the President of the Office for Competition and Consumers' Protection (‘the OCCP' or “the Office') confirmed that Xella Polska Sp. z o.o., a part of the Franz Haniel & Cie Gmbh capital group (“Xella Polska") and its 10 distributors had infringed the competition law rules by concluding distribution agreements which fixed a minimum level of price in respect of building materials for walls. The OCCP found that as a result of the agreements competition in the national or local market for the wholesale of walls building materials was distorted. Surprisingly, after all parties had voluntarily committed themselves to change distribution agreements through deleting resale price maintenance clauses questioned by the OCCP, the Office decided to impose no fines. This is the

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Authors

  • Greenberg Traurig Grzesiak (Warsaw)
  • PKN Orlen (Warsaw)

Quotation

Robert Gago, Piotr Borowiec, The Polish NCA issues its first commitment decision in a cartel case (Xella Polska and its distributors), 7 July 2008, e-Competitions Bulletin Commitment Decisions, Art. N° 21534

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