Plus operator hindered the efficient performance of inspection by UOKiK. The undertaking refused to provide access to the hard disc, delayed the inspectors’ operations as well as provided only inpidually selected documentation. For failure to cooperate during the inspection the undertaking was imposed a fine exceeding zł 130 million

The President of UOKiK imposed on Polkomtel a fine amounting to zł 130 689 900

The decision regarding Polkomtel’s obstruction relates to the dawn raid carried out by UOKiK in Decemeber, 2009, simultaneously at the premises of five undertakings – PTC, Polkomtel, P4, Info TV FM and NFI Manga Polonia. UOKiK undertook the activities upon the consent of the court, under the explanatory proceedings aimed at determining whether the competition-restricting agreement concerning mobile television was concluded. 

During the inspection two undertakings, Polkomtel and Polska Telefonia Cyfrowa, hindered the operations. Therefore the President of UOKiK instituted proceedings aiming at imposing financial penalties on these entities.

In the case of Polkomtel, Plus network operator, not a single infringement was detected. First of all, the undertaking didn’t provide the inspecting party access to the hard disc which belonged to the Office. It contained the copies of e-mail boxes of personnel working on the mobile television project. Under existing regulations, the inspected party is obliged to provide access and present copies of, inter alia, data carriers, which may prove the conclusion of an agreement. Despite the burden of providing evidence the company is reponsible for, it still hasn’t made the hard disc accessible.

Moreover, Polkomtel has breached the law by hindering the inspectors the commencement of their operations without delay. UOKiK’s employees couldn’t start the actions simultaneously with operations held at other undertakings’ premises as reaching the management board or the authorised persons was delayed, despite their presence at the company premise. Consequently, the element of surprise, the key issue for collecting evidence during the inspection, was ruled out. The delay in commencement of inspection operations may give the undertaking a chance to destroy or hide evidence.

Another objection of the Office raised the failure to provide access to specified documentation concerning Polkomtel’s involvement in mobile television project. The undertaking presented the inspectors only with selected extracts of the documents.

Concerning the gravity of the violation and the number of infringements stated, the President of UOKiK imposed on Polkomtel a fine amounting to zł 130 689 900 (the equivalent of euro 33 mln and simultaneously 66 percent of the maximum fine within the law).

The decision is not final. The undertaking may lodge an appeal to the Court of Competition and Consumer Protection.

As regards Polska Telefonia Cyfrowa, the other undertaking involved in obstructing the Office’s dawn raid, the entity was imposed a fine amounting to zł 123 mln. PTC appealed against the decision to the CCCP. The pending proceedings is aimed at determining whether the competition-restricting agreement regarding mobile television services was concluded.

Additional information for the media:
Małgorzata Cieloch, Spokesperson for UOKiK
Pl. Powstańców Warszawy 1, 00-950 Warsaw
Tel. + 48 22 827 28 92, 55 60 314
faks + 48 22 826 11 86
E-mail: malgorzata.cieloch@uokik.gov.pl