Do we have to stick to the prices you suggest on the website? Can we impose our own margins? Please adhere to the retail prices we suggest. Please correct the prices on your website immediately. The passages presented above come from an exchange of correspondence that proves the existence of a price fixing scheme. An unlawful agreement was concluded between a sports accessories distributor - AMP Polska - and five of its trade partners

AMP Polska is a sporting goods wholesaler offering, inter alia, biking accessories, such as helmets, tires, pumps or seats. The brands that are distributed by this particular entrepreneur include, e.g. Ciclosport, Lazer or Clark’s. In 2012, the President of UOKiK initiated proceedings that have revealed a competition-restricting agreement concluded between AMP Polska and five recipients of the products it sells, namely AR-MAR of Warsaw, Fido of Katowice, Exim Bike of Łódź, MSport of Polkowice and Playhouse of Zaborów-Feliksów. AMP Polska has agreed, with each of those entrepreneurs, upon minimum retail prices for the products sold in shops and on online auctions. The unlawful practices lasted between 2011 and 2012.

Thanks to the conclusion of the agreement, the retailers did not have to worry about lower prices offered by their competitors. Therefore, they played an active role in the agreement, applying to AMP Polska for intervening with those undertakings who were offering the same products at lower prices. The above is evidenced by electronic correspondence disclosed in the course of an inspection with search performed at the AMP Polska headquarters: Please find a link to a website that offers the same quad that we sell for PLN 659, for PLN 499 (...) We agreed that you would be keeping an eye on the prices. Awaiting your answer.” “Hello. As far as keeping to the suggested prices is concerned. Please take a look at this auction - the prices are definitely not adhered to”.

Information in the possession of the Office indicates also that AMP Polska was monitoring the prices offered by its business partners and was introducing disciplinary measures with regard to those who were offering different rates. E-mails exchanged between the employees, such as the one quoted below, are among the crucial evidence in the case: Please take care of this freelancer (...), he is slightly over the edge with the price, unless we offer him very large discounts (...). Let me know what has been done in the case, or I don’t know whose customers they are, but please do something about it, the links are given below, THE PRICES MUST MATCH THE SUGGESTED ONES !!!

The implications of the price fixing affected mostly the consumers who were not able to purchase products distributed by AMP Polska at prices lower than the fixed ones.

Financial penalties amounting to PLN 64 887 (ca. EUR 16 222) have been imposed upon the participants of the agreement. While determining the value of penalties, it was taken into consideration that the unlawful practices had been discontinued in October 2012.

The decision is not final, and the undertakings have appealed against it to the Court of Competition and Consumer Protection (pl. SOKiK).

Participants to competition-restricting agreements may avoid financial sanctions provided they decide to cooperate with UOKiK and take advantage of the leniency programme. The entity that provides information for the existence of a cartel, wasn’t the initiator thereof and has discontinued the unlawful practices, may even expect full immunity from financial sanctions. Answers to all questions regarding the programme, even anonymous, are offered by UOKiK lawyers available at: +48 22 55 60 555.

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