T-Mobile Poland illegally informed consumers that their monthly price plan would rise, violating collective consumer interests. In response, UOKiK has not only required the company to compensate customers to undo the results of the infringement, but also imposed 4,5 million PLN [1,01 million EUR] fine.

The Office of Competition and Consumer Protection (UOKiK) launched proceedings against T-Mobile Poland in November 2014, after being notified by consumers of the company’s intention to raise prices as well as on the basis of media publications. The company raised doubts among customers when it increased their monthly payment by 5 PLN [1,1 EUR]. It then gave them a choice: agree to the new conditions, withdraw from service, or accept a new offer from T-Mobile.

According to the Authority, the company’s contracts did not contain an appropriate modification clause, thus it had no legal basis for making the unilateral change, which it nonetheless did. As such, it misled customers and violated both good practices and collective consumer interests.

T-Mobile must undo the effects of the unfavourable practices: every consumer who received information about the change to the price plan is to receive 65 PLN [14,5 EUR] compensation. The method of calculating compensation was based on proprietary data by T-Mobile Poland as a trade secret and is described in detail in the decision.

UOKiK obliged the operator to compensate consumers as a means of removing the effects of the infringement to an extent appropriate to its illegal actions, said Łukasz Wroński, Deputy Director of the Department of Consumer Protection. As the sole result of T-Mobile’s actions, consumers were deprived of the opportunity to use telecommunication services provided by the operator on the terms and conditions stipulated in the agreements, Wroński added.

The company will also publish UOKiK’s decision on its website and pay 4,5 million PLN [1,01 million EUR] fine. The decision can be appealed in Poland’s competition court.

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