The Polish Competition Authority is for the first time considering imposing fines for infringement of competition law not only on the companies involved, but also on the individuals responsible.

The Authority has had the power to fine individuals since 2015. Until now however, it has not used it.

A penalty can be imposed on a manager (a member of the management body or other person holding managerial function) who intentionally allows a business entity to enter into an anticompetitive agreement. The maximum penalty is PLN 2,000,000 (approx. EUR 460,000).

The Polish Competition Authority is currently conducting proceedings against 17 business entities operating on the market for fitness services (fitness clubs and an operator of sports and recreation packages). It raised objections about a potential market division. In a public statement about the case the Authority noted that the evidence it has collected may indicate collusion between seven managers of fitness companies. Thus – as the Authority explained – proceedings have also been initiated against these individuals.

The proceedings – both in relation to the business entities and the managers – are pending. Whether the individuals concerned will ultimately be fined remains to be seen.