Facts
On 4 May 2026, the Polish NCA (hereinafter, ‘UOKiK’) issued an infringement decision concerning an anticompetitive agreement concluded between a manufacturer of flooring products – Decora and its distributor Bel-Pol. The proceedings concerned practices implemented between March 2019 and April 2024 in relation to vinyl panels, underlays and other flooring accessories. A significant part of the evidence was obtained during dawn raids carried out at the premises of the companies.
UOKiK found that the parties engaged in both resale price maintenance and market sharing.
Prohibited practice
According to the NCA, Decora imposed minimum resale prices on its distributors and retailers. The company provided price lists indicating the retail prices that had to be applied, including specific promotional prices.
The evidence collected by UOKiK (including internal emails and instant messaging exchanges) showed that compliance with the pricing policy was actively monitored. In cases of deviations, Decora intervened and applied pressure measures such as withdrawal of discounts, suspension of deliveries or removal of products from stores.
UOKiK found that retailers and distributors also played an active role in maintaining the system. They monitored each other’s prices and reported cases of non-compliance. Bel-Pol, as one of the main distributors, was involved in enforcing the agreed pricing policy across the network.
In addition to resale price maintenance, UOKiK established that Decora and Bel-Pol engaged in market sharing. The parties agreed not to compete for certain wholesale customers and allocated clients between themselves. As a result, some customers could only purchase products from one designated supplier and were unable to freely choose between distributors.
The NCA considered these practices as hardcore restrictions of competition.
Fines
UOKiK imposed penalties amounting to as much as 33.9 million PLN (approximately 8 million EUR). Decora received the highest fine of 28.3 million PLN, while Bel-Pol was fined approximately 5.3 million PLN.
UOKiK also imposed fines on two individuals (‘managing persons’) involved in the infringement.
Bel-Pol benefited from a reduction of the fine under the leniency programme. During the proceedings, the company cooperated with the authority and provided additional evidence, including information that the scope of the infringement also covered underlays for laminate flooring. As a result, the fines imposed on Bel-Pol and its manager were reduced by 50%. In addition, Bel-Pol made use of the settlement procedure (voluntary submission to a fine), which led to a further 10% reduction of the penalty.
However, the company did not qualify for full immunity from fines. The leniency application was submitted only after the NCA had conducted dawn raids and gathered evidence confirming the existence of the infringement, which limited the extent of available reductions. The decision is not final and may be appealed.
Commentary
The Decora/Bel-Pol decision is another example of UOKiK’s strict approach to resale price maintenance, in particular where it is combined with other restrictive practices. The case is also notable for the active involvement of distributors and retailers in monitoring and enforcing the pricing policy, which reflects a broader trend observed in recent UOKiK decisions.
Furthermore, the combination of resale price maintenance and market sharing confirms that the authority is increasingly targeting complex vertical arrangements that restrict both price competition and customer allocation.
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