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Office of Competition and Consumer Protection

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Charges on collusion pressed against the DAF brand dealers

< previous | next > 21.05.2020

Charges on collusion pressed against the DAF brand dealers
  • President of UOKiK Tomasz Chróstny has initiated antitrust proceedings against three DAF truck dealers.
  • The DBK, Wanicki and WTC Companies might have shared the market among themselves. They are liable to a fine of up to 10 percent of their annual turnover.
  • This is yet another action of the President of UOKiK to protect competition in the automotive sector.

Restrictive agreements are not only price collusions. Market sharing can also pose a threat. It means that instead of competing fairly, entrepreneurs agree not to compete in a given area and to share the market. As a result, potential customers are deprived of the opportunity to purchase products from selected sellers or they receive bids with higher prices. Such an agreement may have been concluded by DAF truck dealers: Wanicki from Mogilany and DBK from Olsztyn and WTC from Długołęka. Illegal practices have been identified based on evidence disclosed, inter alia, during searches at the premises of the entrepreneurs. The President of UOKiK has instigated an anti-trust proceedings in the case.

- We have gathered evidence indicating that the dealers might have divided the market among themselves. According to our intelligence, they have agreed that each of them would only bid in public tenders in a certain territory and would not bid in the area allocated to another entrepreneur. If the suspicions are confirmed, the dealers are facing financial penalties amounting to up to 10 percent of their annual turnover’, says President of UOKiK Tomasz Chróstny.

This is not the first intervention of the President of UOKiK in connection with a possible collusion of truck dealers. In connection with the searches carried out, proceedings are already underway against five dealers, including DBK and WTC. The President of UOKiK suspects that DBK and WTC might have acted concurrently in two collusions with different entities. In 2019 UOKiK carried out searches at the Iveco dealers following the suspicion that they might be involved in a collusion concerning Iveco vehicles. The investigation procedure has been pending in the case.

“Restrictions on competition in the transport sector may negatively affect both the competitive edge of the Polish economy and the position of domestic entrepreneurs. Where market sharing is reduced to the functioning of collusion, taxpayers are also affected. Therefore, we will firmly combat tender collusion, price collusions and any other restrictive agreements,” says President of UOKiK Tomasz Chróstny.

Severe sanctions for collusion can be avoided by taking advantage of the leniency program. It gives the entrepreneur as well as managers involved in an illegal agreement a chance to apply for the crown witness status. This allows to avoid or get a reduced fine. The programme is available to those who agree to cooperate with UOKiK and provide evidence or information on the illegal agreement. Entrepreneurs and managers interested in the leniency programme are invited to contact the office at by calling 22 55 60 555, where UOKiK lawyers will answer all of questions, also anonymous ones, related to leniency applications.

If you are aware of any illicit agreements at your former or present workplace, please report them to UOKiK. The Office runs a programme of acquiring information from anonymous whistle-blowers. Visit https://konkurencja.uokik.gov.pl/sygnalista/ and fill out a simple form. The system we use guarantees full anonymity, also towards the office.

Additional information for the media:

UOKiK Press Office
Pl. Powstańców Warszawy 1, 00-950 Warszawa, Poland
Phone +48 695 902 088, +48 22 55 60 246
E-mail: [SCODE]Yml1cm9wcmFzb3dlQHVva2lrLmdvdi5wbA==[ECODE]
Twitter: @UOKiKgovPL

Attached files

 

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