Cookie preferences

This website uses cookies to improve your browsing experience and to better tailor the website to your preferences. Below you can indicate your cookie preferences:

Essential cookies are cookies that are necessary for the correct functioning of the website (e.g., to avoid overload on the website, keeping it functional and accessible). These cookies can be placed without your consent.

Functional cookies are cookies that are necessary to improve your browsing experience or to provide a functionality explicitly requested by you (e.g. remembering your settings). These cookies can also be placed without your consent.

Analytical cookies are cookies that collect information about how you use the website to improve search engine hits and the functioning of the website (e.g. we see how visitors move around the website when they are using it to ensure that visitors find what they are looking for easily). These cookies are only placed if you have given your consent.

For more information about cookies and the list of cookies used on this website, see our Cookie Statement.

Check out the video uploads of all four panel sessions of our first Virtual VBER Event of 6 October 2022!


12 July 2022
0
Polish Competition Authority investigates  Empire Brands’ market practices

Investigation

On 7th of July 2022, the Polish Office of Competition and Consumer Protection (UOKiK) announced the launch of a preliminary investigation into anticompetitive agreements allegedly concluded by Empire Brands with its retailers.

Empire Brands is a producer of pet food for cats and dogs. UOKiK came into possession of information that the company may have fixed resale prices with its retailers. It allowed UOKiK to obtain a court warrant to search Empire Brands’ premises. UOKiK carried out a dawn raid and collected further evidence which is now being examined.
 

Possible next steps

The investigation is at a preliminary stage, which means that the UOKiK is now assessing whether there are grounds to institute antimonopoly proceedings against Empire Brands. In light of UOKiK’s recent decisional practice, if it decides to issue a statement of objections, it is likely that it will be addressed exclusively to Empire Brands, leaving out the company’s distributors.

If UOKiK’s investigation confirms that Empire Brands did conclude anticompetitive agreements, the company may be sanctioned with a fine of up to 10% of its turnover. Under Polish law, the company’s executives may in parallel be held personally liable for the infringement. The maximum fine which may be imposed on an individual amounts to 2 000 000 PLN (ca. 417 000 EUR).


Leniency for vertical agreements

In the context of this investigation, UOKiK reminded undertakings of its leniency programme. The Polish leniency programme covers not only horizontal, but also vertical agreements. Both an undertaking and its managers may submit a leniency application to receive full or partial immunity. The applicants must provide relevant information and evidence, and fully cooperate with UOKiK. As a general rule, leniency applications filed after a dawn raid will only lead to a fine reduction.


Save, download or share this article


Stay updated

Subscribe for free and get notified on the latest articles, documentation and publications.

More articles about Poland

SEE MORE

Comment on this article

Sign in to post comments

Subscribe for free and get notified on the latest articles, documentation and publications.

The DLC’s Legal notice applies. contrast BV will process your data in accordance with the Privacy notice.