Do three leaders of mobile telephony – the owners of Orange, Plus and T-Mobile -  apply a competition-restricting practice by adopting higher rates for connections with Play network? The proceedings instituted today by the President of UOKiK is to clarify the case

The proceedings regarding the practice of mobile telephony operators were instituted upon reporting irregularities by the President of the Office of Electronic Communications and the company P4 (Play network operator).The information concerned applying varied rates for connections to this network by three largest operators of mobile telephony: Polkomtel (the owner of, among others, Plus), Polska Telefonia Cyfrowa (including T-Mobile and Heyah) as well as Polska Telefonia Komórkowa Centertel (including Orange). The price for a minute connection with Plus using the networks of the above mentioned operators was even a several dozen groszy (PLN 1=100 groszy) higher as compared to connections made between the networks of the said operators (e.g. one tariff assumed the cost of connection with Plus amounting to PLN 0.75; connecting the remaining operators – PLN 0.29)

In the course of explanatory proceedings the Office examined both the tariffs for individual clients and wholesale costs incurred by undertakings, relating to starting the connection within their own network and finishing it in the target network. The analysis conducted by the Office showed that actual costs borne by operators may not give sufficient grounds for such a diversity of rates applied to Play network. These actions may result in resticting the development of competition on the mobile telephony market, including hampering the operations of entities other than the three market leaders.

Today the Office instituted the antimonopoly proceedings against Polkomtel, Polska Telefonia Cyfrowa and Polska Telefonia Komórkowa Centertel. – We will verify if the operations by these companies constitute a competition-restricting practice employing  the abuse of a collective dominant position – as stated Małgorzata Krasnodębska-Tomkiel, the President of UOKiK.

The proceedings will be conducted also based on the EU law. The Office will examine if the undertakings’ practice might have affected the trade between the EU Member States, e.g. through hindering the entry to the Polish market to telecommunications operators.

If the allegations prove grounded, the undertakings may be exposed to a financial sanction amounting to a maximum of 10 % of the revenue obtained in the year preceding the decision issue.

Additional information for the media:
Małgorzata Cieloch, Spokesperson for UOKiK
Department of International Relations and Communications
Pl. Powstańców Warszawy 1, 00-950 Warszawa
Tel.: +48 22 827 28 92, 55 60 314, 55 60 430
Fax: +48 22 826 11 86
E-mail: [SCODE]bWFsZ29yemF0YS5jaWVsb2NoQHVva2lrLmdvdi5wbA==[ECODE]