UOKiK is currently carrying out 22 antimonopoly proceedings, according to a recent announcement, mostly involving vertical restraints, especially resale price maintenance (RPM).
One case concerns Sfinks Polska, a company which manages the ‘Sfinks’ chain of restaurants. UOKiK is examining whether the company unilaterally imposed prices and promotions on its franchisees.
Another case involves Ski Team, the exclusive distributor of Cube bicycles and accessories, which is being investigated over concerns that it may have been imposing minimum resale prices and forcing price discipline on its business partners.
A further case concerns whether PM Sport – the exclusive importer of Rossignol, Dynastar and Lange ski and snowboard equipment – has agreed minimum resale prices with its distributors.
A prohibited hardcore vertical RPM restriction occurs when the ‘upstream’ producer or supplier fixes the price at which the ‘downstream’ distributor or retailer may sell its products or imposes the minimum price below which it may not sell. Imposing price recommendations or an upper limit on price may also infringe competition law in certain circumstances.
Any company found by UOKiK to have infringed these rules can be fined up to 10% of its turnover in the financial year before the decision was issued.