The President of UOKiK conducts proceedings to punish Polska Telefonia Cyfrowa and Polkomtel. The undertakings were charged with hindering inspection during proceedings concerning the mobile television market   

Since 25^th November 2009, the President of UOKiK has conducted explanatory proceedings regarding the mobile television market, which aim to assess whether the unlawful agreement on mobile television services was concluded.

Within the proceedings, on 2^nd December 2009 the President of UOKiK initiated search and inspection with respect to five undertakings: Polkomtel, PTC, P4, Info TV FM and NFI Magna Polonia. According to the law, if there is a justified suspicion of applying competition-restricting practices, the President of UOKiK may carry out an inspection, including a search of premises of the inspected entity. The employees of the Office may request handing over documents, data carriers, e.g. hard drives, as well as providing explanations. The Court of Competition and Consumer Protection, within 48 hours from submitting a request, may consent to perform a search. However, the Office seldom exercises  the  right.

During the inspection all inspected parties were requested to provide information required to hold the inspection. In the opinion of the President of UOKiK, two telecommunications operators, Polska Telefonia Cyfrowa and Polkomtel, hindered the inspection, inter alia, by preventing inspecting party from prompt initiation of the inspection. Additionally, Polkomtel did not present the hard drive with data on company's activities and the requested documents.   

According to the Act on competition and consumer protection, for failure to collaborate during the inspection held within proceedings, the President of the Office may impose on the undertaking a financial penalty of up to EUR 50 million, and a maximum fine of fifty-fold the average salary on the person authorised by the inspected undertaking. Under such circumstances the financial sanctions are to be of repressive (disciplinary) and preventative character and their amount depends on the gravity of violation.

The President of UOKiK has already exercised the right to impose financial penalty on the undertaking that failed to collaborate during the pending antitrust proceedings. Grupa Ożarów was punished for hindering proceedings; its employee tried to conceal important information during the inspection. When presenting the required document, one of the pages was concealed and the electronic version altered. In the opinion of the President of UOKiK, intentional misleading of inspecting party and concealing the original document were clearly unfair behaviour of the undertaking. The President of UOKiK imposed on Grupa Ożarów a penalty amounting to PLN 2 million, which wholly constituted the state budget income last year.

Additional information for the media:
Małgorzata Cieloch, Spokesperson for UOKiK
Department of International Relations and Communication
Pl. Powstańcow Warszawy 1, 00-950 Warszawa
Tel.:(+48 22) 827 28 92, 55 60 106, 55 60 430
faks (+48 22) 826 11 86
E-mail: malgorzata.cieloch@uokik.gov.pl