• The Pfeifer & Langen company is changing its practice following an intervention of President of UOKiK.
• Farmers - sugar beet planters will gain access to an extended seed offer and will not need to buy them exclusively from this company.
• The changes will come into effect before the incoming sowing term.

The Pfeifer & Langen Polska company (Pfeifer & Langen) is one of the largest sugar manufacturers in Poland. Reservations of President of UOKIK were raised by provisions in contracts concluded with farmers whereunder planters could buy sugar beet seeds exclusively from Pfeifer & Langen. If other seeds had been used, the company would have reserved its right to refuse to collect sugar beets. Such activities might have been a sign of unfair use of contractual advantage by the company.

In response to the reservations of President of UOKiK, in the course of the proceedings the entrepreneur expressed its willingness to change the practice the way UOKiK had expected. President of UOKiK obligated the company to change its practice and provide farmers with an opportunity to buy other types of seeds admitted to trading in Poland as well, whose quality was to be confirmed by relevant documents. President of UOKiK issued his decision obligating Pfeifer & Langen to implement the obligation.

- It is very good news for farmers growing sugar beets who will now have access to an extended seed offer and a capacity to align them to the type of soil of local weather conditions. Such a change of practice to which the company has been obligated is favourable for planters, too, who may now buy seeds not only from Pfeifer & Langen but also from other distributors - says Tomasz Chróstny, President of UOKiK.

Following the obligation imposed, Pfeifer & Langen along with representatives of sugar beet suppliers will specify a list of seed types which farmers will be able to buy not only from the company but also from a seed producer or a professional seed distributor. Farmers will also be able to buy seed from outside of this list, provided, however, that such an intention would be reported to Pfeifer & Langen beforehand and provided that the seeds have been admitted to trading in Poland, registered in the relevant domestic or foreign register and have been produced with the use of dressing accepted in Poland and purchased directly from a producer of a professional distributor. Farmers will be obligated to previously communicate an intention to make such a purchase at Pfeifer & Langen and submit documents confirming satisfaction of the aforementioned requirements.

Additionally, they will need to submit a declaration on choosing a method of seed purchase within at least 30 days as of publishing, by Pfeifer & Langen, a list of seed types or of concluding a contract for farmers who entered into such contracts as late as after the list of seed types had been published.

The entrepreneur will have time available to implement the obligation until the end of 2023 which means that farmers will be offered an extended range of seed types before the incoming beet sowing term. Moreover, the Pfeifer & Langen company will be obligated to submit an obligation-implementing report.

Details of the obligation can be found in the decision issued.

President of UOKiK has celled other domestic sugar producers to align their contracts to the standard established by way of the decision issued with regard to Pfeifer& Langen.

Entrepreneur, farmer, if you operate in the agricultural and food industry and your major counterparty abuses its competitive advantage by imposing unfavourable conditions of cooperation – report it to UOKiK. We have launched a special form to help you report any irregularities. Click here to fill it out: ankieta.uokik.gov.pl/formularz-zgloszenie-przewaga/.

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