Poland: UOKiK fines for resale price maintenance

Competition Authority (UOKiK) has recently announced three decisions in which business have been fined a total of PLN 253,000 (c. €62,000) for price-fixing agreements.

Knott

Fines totalling PLN 135,930 (c. €34,000) were imposed on Knott (the trailer accessories maker) and two of its distributors. At the start of 2008, certain Knott products were offered for sale at a very low price on a Polish online auction website. Two distributors felt that this was ruining the market so they wrote to Knott proposing a deal to stabilise prices. Knott replied with emails containing a suggested price list.

UOKiK ruled that this amounted to anti-competitive agreement and was thus unlawful.

The decision is not final and some of the businesses have already appealed against it to the Court of Competition and Consumer Protection.

Kamsoft

Fines totalling PLN 116,776 (c. €30,000) were imposed on Kamsoft (the seller of medical software programs) and its biggest trade partners.

UOKiK questioned the provisions of agreements with trade partners concerning resale prices and practices consisting in, according to UOKiK, fixing prices via e-mail, during seminars and training sessions.

The decision is not final and some of the businesses have already appealed against it to the Court of Competition and Consumer Protection

PZS

Polish Indoor Tanning Union (PZS) was fined PLN 1,078 (c. €250) for a clause in its Code of Ethics stating that businesses who are not official representatives of producers and importers of indoor tanning devices cannot sell its products for less than a fixed minimum price. The decision is final and PZS has paid the fine.