ZAiKS and the Polish Filmmakers Association (SFP) concluded a competition-restricting agreement. The Court of Competition and Consumer Protection upheld the decision of the President of UOKiK and sustained the financial penalty (in total PLN 1.2 million) imposed on undertakings

The court’s judgment concerns UOKiK’s decision of August 2008. The President of the Office decided then that ZAiKS and the Polish Filmmakers Association had fixed uniform rates for using audiovisual works and refused to negotiate them

The court’s judgment concerns UOKiK’s decision of August 2008. The President of the Office decided then that ZAiKS and the Polish Filmmakers Association had fixed uniform rates for using audiovisual works and refused to negotiate them. The organizations decided to charge each film carrier with a fee constituting 8% of its price but not less than a fixed rate per carrier (e.g. PLN 2 for a DVD feature film). UOKiK took the stance that the undertakings intended to eliminate competition between each other, to the detriment of these undertakings which use the copyright for commercial purposes but, first and foremost, it harmed the final users – consumers. The participants to the agreement were ordered to discontinue the practice and additionally imposed a fine amounting to PLN 250 thousand and PLN 1 million for the Polish Filmmakers Association and ZAiKS respectively.

Pursuant to the law, the fined entities lodged an appeal to the Court of Competition and Consumer Protection. On 8^th July 2011 the court dismissed the appeal of ZAiKS and SFP and totally took the stance of UOKiK, including the financial sanction imposed.  

Under the law, the undertaking against whom the decision was made by the President of UOKiK may appeal to the Court of Competition and Consumer Protection, which in turn may be appealed against to the Court of Appeal.

Additional information for the media:
Małgorzata Cieloch, Spokesperson for UOKiK
Department of International Relations and Communication
Pl. Powstańców Warszawy 1, 00-950 Warsaw
Tel. +48 22 827 28 92, 55 60 314, 55 60 430
faks +48 22 826 11 86
E-mail: malgorzata.cieloch@uokik.gov.pl