UOKiK proposes maximum prices and margins

Poland
Available languages: PL

The Polish Competition Authority (UOKiK) has presented proposals for new regulations aimed at fighting against unfair increases in prices of certain goods and services.

The Authority has proposed to introduce maximum prices and/or margins, both wholesale and retail, for goods and services which are significant in terms of (i) human health and safety, or (ii) household maintenance costs. At the same time, businesses would be banned from using prices and/or margins higher than such maximum prices and margins.

There would be high financial penalties for violations of the ban - from PLN 5,000 up to 5 million. Compliance with the provisions would be inspected by the Trade Inspectorate, the Sanitary Inspection, the Agricultural and Food Quality Inspection and the Pharmaceutical Inspection, each within its own scope of competence.

In addition, if it proved that the business entity violated the ban - even unintentionally - repeatedly, in the case of a large number of products and services or on a large scale, UOKiK could impose a penalty of up to 10% of the turnover generated in the previous financial year. A similar penalty (but not higher than PLN 50 million) could be imposed for (i) not providing information at the Authority’s request, or providing false or misleading information, and (ii) not enabling or hindering the President of UOKiK from carrying out an inspection.

It is not yet known if and when the relevant provisions will enter into force.