UOKiK, the Polish competition authority, has fined the Association of International Road Transport Carriers (ZMPD) in Poland for abusing a dominant position in the market for distributing TIR carnets.
ZMPD is a leading organization in the Polish road transport market and the only distributor of TIR carnets in Poland. TIR carnets facilitate the international carriage of goods by road transport and enable the carriers to drive across several countries without being subject to customs control.
UOKiK found that ZMPD had abused its dominant position in the market by charging lower rates for TIR carnets to its own members. It ruled that the difference in rates had no objective justification and that it created unequal conditions of competition.
The practice lasted for 10 years until October 2011, when ZMPD introduced an equal rate for all carriers. The fact that it had ended the anticompetitive behaviour was a mitigating factor, leading UOKiK to impose a relatively low fine of PLN 53,752 (c. EUR 13,000).
This decision confirms that the prohibition of anticompetitive practices applies to single businesses as well as to their associations.