Sport & Freizeit, a representative of the Fischer brand in Poland, has been fixing with its distributors the retail prices of the brand’s skiing gear and accessories for the period of 7 years or more. The undertaking was imposed a fine exceeding PLN 122 thousand (ca. EUR 30 500). In addition, UOKiK has initiated proceedings concerning the price collusion made by the distributor of Nordica branded gear

Under the antimonopoly law, it is not allowed to enter into  competition-restricting arrangements that consist in price fixing. It is illegal not only to agree the prices between competitors, but also to fix minimum or rigid product resale prices between traders operating at various levels of the economic process, e.g. producer- wholesaler or distributor-retailer. Such unlawful activities result in the increase in prices of products and services offered by participants to such prohibited agreements.

UOKiK’s proceedings have indicated that Sport & Freizeit was obliging its retail distributors to sell the products it was supplying at predetermined prices, and to fix the dates of off-season sales campaigns. The price fixing scheme impacted the price of Fischer products in traditional and online stores throughout Poland. Retail prices were defined, inter alia, in written agreements between the equipment supplier and the retail distributors. In addition, the company was imposing sanctions on those entities that were not willing to participate in the collusion. Distributors refusing to apply the pricing policy of Sport & Freizeit were deprived of the right to an off-season discount. Sport & Freizeit also reserved the right to terminate the cooperation with such distributors with an immediate effect. The effects of the agreement were suffered, inter alia, by consumers, who were not able to purchase Fisher products at prices that would be lower than those imposed.

The unlawful practice lasted nearly 7 years – at least between September 2005 and January 2012. Information about the existence of a prohibited agreement was obtained, inter alia, during inspection with search performed at the premises of Sport & Freizeit and at its largest commercial partner - Intersport Polska, with the latter company submitting a leniency application in the course of the proceedings. The application allows the entrepreneur who is the first of the collusion participants to provide evidence as to the existence of an anticompetitive agreement, and provided that the undertaking was not the initiator thereof and has discontinued illegal conduct - to be fully released from any financial sanctions.

The initiator of the agreement, Sport & Freizeit, was fined, by the President of UOKiK, with a financial penalty of PLN 122,657.67 (ca. EUR 30 664). Pursuant to the leniency programme, the President of UOKiK decided not to impose any sanctions on Intersport Polska.

The activities referred to above were not the only of UOKiK’s efforts related to price fixing schemes involving sports gear. In December 2013, the Office initiated antimonopoly proceedings against Przedsiębiorstwo Produkcyjno-Handlowe Fordex – the exclusive Polish importer of Nordica skiing gear and accessories. The Office is in the process of examining whether the company had been determining, with its retail distributors, fixed or minimum resale prices applicable to the products from its range. Intersport Polska has also been accused of participating in the collusion. Participants of such unlawful agreements who are willing to avoid any financial sanctions may take advantage of the leniency programme. The entity that supplies valuable information proving the existence of such a scheme, providing that it is not the initiator thereof and has not encouraged others to involve in prohibited practices, may even expect a full immunity from financial sanctions.

Additional information for the media:
Małgorzata Cieloch, Spokesperson for UOKiK
Department of International Relations and Communication
Pl. Powstańców Warszawy 1, 00-950 Warszawa
Phone: +48 22 827 28 92, 55 60 314
Fax +48 22 826 11 86
E-mail: malgorzata.cieloch@uokik.gov.pl