Members of a price-fixing and market-sharing cartel in the cement industry have had their fines reduced but not the decision overturned by the Court of Competition and Consumer Protection.
The court upheld UOKiK’s finding in 2009 (as we reported here) that Poland’s largest cement producers had infringed competition rules, but reduced the aggregate fine from PLN 411 million (c. €100 million) to PLN 339 million (c. €81 million).
Despite the reduction, the aggregate fine is still the highest fine UOKiK has ever imposed in one case. The cartel covered almost 100% of the grey cement market.
The Court has not yet released its statement of reasons behind the decision.
In the original proceedings, five companies received the maximum fine (10% of their revenue in the financial year preceding the decision):
- Grupa Ożarów
- Cemex Polska
- Dyckerhoff Polska
- Cementownia Warta
- Cementownia Odra
Two other companies applied for immunity under UOKiK’s leniency programme: no fine was imposed on Lafarge Cement and a 50% reduction (ie 5% of revenue) was imposed on Górażdże Cement.
The judgment is not final as the cement producers have the right of appeal to the Court of Appeal.