• Two undertakings allocated the local passenger transport market between themselves.
• The initiator of the agreement was PKS in Piła.
• A fine of more than PLN 95,000 was imposed on the company for the infringement of competition.

The Office of Competition and Consumer Protection initiated an explanatory proceedings after being notified by an undertaking operating under the name Rafbus in Miasteczko Krajeńskie (Greater Poland Province). It accused its competitor - Przedsiębiorstwo Komunikacji Samochodowej in Piła (PKS) - of abusing its dominant position on the local passenger bus transport market. The analysis by UOKiK showed that PKS had not apply the alleged practice. However, the Authority discovered another activity that is prohibited by the antitrust law. PKS allocated the market together with the entity that filed the complaint, i.e. Rafbus.

The findings of the Authority and information provided by the notifier indicate the undertakings met at PKS headquarters and determined on which routes they would operate, so as not to compete with each other. Thus, they could charge higher ticket prices on allocated routes than in the case of mutual rivalry for passengers - says the president of UOKiK, Marek Niechciał.

The collusion concerned connections in the Piła district. According to the agreement, Rafbus resigned from operating on its new route: Rzadkowo - Kaczory - Piła, and in return, PKS withdrew from the Białośliwie - Miasteczko Krajeńskie route. The collusion lasted between 2015 and 2017.

It was initiated by PKS. The company exerted pressure on Rafbus, threatening to reduce its ticket prices, which would hinder the undertaking's operations and could eliminate it from the market.

The Authority imposed a fine of more than PLN 95,000 on PKS in Piła. The other participant in the collusion - Rafbus - avoided a financial sanction. Among other things, UOKiK took into account that, although unknowingly, the undertaking voluntarily provided information about the illegal agreement.

The decision is not final and may be appealed against to court.

An infringement of the competition law may involve a fine of up to 10 percent of the undertaking’s sales. However, such severe sanctions can be avoided by taking advantage of the leniency programme. It is applicable to those who agree to cooperate with UOKiK and provide evidence or information on the illegal agreement. We encourage undertakings interested in the leniency programme to contact UOKiK. By calling 22 55 60 555 you will be able to talk to UOKiK lawyers, who will answer all your questions, also anonymous ones, related to the leniency applications.

If you are aware of any illegal agreements, please report them to UOKiK. The Authority runs a programme of acquiring information from anonymous whistle-blowers. Please contact us by phone: 22 55 60 500 or email us at sygnalista@uokik.gov.pl.You may find all the information on the whistle-blower programme on the following website: konkurencja.uokik.gov.pl.

Additional information for media:

UOKiK Press Office
pl. Powstańców Warszawy 1, 00-950 Warszawa
Phone: +48 22 55 60 430
Email: biuroprasowe@uokik.gov.pl

Twitter: @UOKiKgovPL