Protection of the library collections against destruction cannot be used as a justification for law infringement, decided Cezary Banasiński, President of UOKiK

In February 2006, on a consumer’s complaint, UOKiK initiated proceedings concerning charges for xerographic services provided in the main building of the National Library in Warsaw. The evidence collected in the course of the proceedings reveal that at the National Library there are xerographic points owned by the Library itself as well as points serviced by “Mikrofilm-Service”. On account of the prohibition to take the books out, readers are forced to use the abovementioned services operating according to the terms and conditions defined in the agreement between the National Library and “Mikrofilm-Service”, determining the charge for one A4 format page at PLN 0.45.

In the Office’s opinion the abovementioned practices lead to the elimination of price competition to the obvious detriment of the readers. The National Library owns the largest collection of books from among all libraries in Poland. It receives all traditional Polish publications. On that account, selected publications are available only at the National Library.

In UOKiK’s opinion, determining the charges for xerographic services per one A4 page on a uniform level and at the same time maintaining the prohibition to take the books out, limits, and in certain cases prevents, the use of the Library's collection.

 
The decision of the President of UOKiK ascertaining that law was infringed in this case, aims to ensure fair market competition and, first and foremost, protection of consumers as weaker market participants. This objective took precedence over protecting the Library’s collections against destruction, which was the argument put forward by the National Library in the course of the proceedings.

The President of UOKiK imposed fines on the parties to the agreement: over PLN 5 000 on the National Library and over PLN 2 000 on “Mikrofilm-Service”. Such financial sanctions are to fulfil a preventive function since the challenged practices belong to the most serious violations of the antitrust legislation.

The decision is binding. The parties have already paid the imposed fines.

Similar proceedings were initiated against the Library of the Maria Curie-Skłodowska University in Lublin.

Additional information:
Elżbieta Anders, Spokesperson of UOKiK
Pl. Powstańców Warszawy 1, 00-950 Warszawa
Tel. 22 827 28 92, 55 60 106, 55 60 314
faks 22 826 11 86

E-mail eanders@uokik.gov.pl