An association of enterprises cannot fix the prices its members offer. Poland’s competition Authority has issued a decision stating that doing so infringes competition.

Competition protection law forbids the setting of prices on goods or services by trade groups, including industry chambers and trade associations. Prohibited agreements can take the form of resolutions, documents or informal conversations and correspondence.

Poland’s Office of Competition and Consumer Protection (UOKiK) has issued a decision stating the Association of Polish Centres of Infertility Treatment and Reproduction Development (ZPOLNiWR) engaged in illegal activities. The Association is an organization that voluntarily brings together providers of medical services. It fixed prices submitted by members in a Ministry of Health competition to select companies to run its IVF Treatment of Infertility 2013-2016 programme.

The information and evidence collected in antitrust proceedings suggest that the guidelines and recommendations related to the offer prices were exchanged at Association meetings and through electronic communications. An example is a message reading: “this is (…) a chance to trust ourselves, which will translate into earnings for the next two years and less stress in putting offers together (…) No agreement will mean (…) less profit and more work”.

The entities affiliated under ZPOLNiWR comprised the majority of the bidders. By coordinating their activities, they eliminated the risk that the price levels they proposed would affect the selection of bidders. Not knowing the actions of other companies, they could offer lower rates. At the same time, the agreement could prompt the need to allocate more public funds by the Ministry of Health.

For its infringement of competition law, ZPOLNiWR was fined more than 13,000 PLN (ca. 3000 EUR). The decision is not binding and can be appealed in the Court of Competition and Consumer Protection.

Additional information for the media

Press Office, UOKiK
Pl. Powstańców Warszawy 1, 00-950 Warsaw
Phone.: +48 22 827 28 92, +48 22 55 60 314, +48 22 55 60 430
E-mail: [SCODE]Yml1cm9wcmFzb3dlQHVva2lrLmdvdi5wbA==[ECODE]

Twitter: @UOKiKgovPL