The decision is of a precedential nature because the NCA has not historically regarded the defence sector as a competition law enforcement priority. The investigation was launched based on a complaint of a company servicing army helicopters in connection with public tenders organized by a Polish military unit. The NCA found that after the servicing company’s offer was chosen in the tender, the manufacturer of replacement parts allegedly refused to supply them to the winner of the tender. The NCA did not accept any objective justifications put forward by the manufacturer and held that such a practice constituted an abuse of a dominant position. The total fine imposed by the NCA amounted to about €80,000.
The official text in Polish can be found here.