SCA Hygiene and SCA Hygiene Products participated in an anti-competitive agreement concluded with their distributors. The total amount of the fines imposed upon the parties to the proceedings was in excess of PLN 3.2 million. One of the companies has managed to avoid the imposition of sanctions by taking advantage of the leniency programme.

The illegal agreement pertained to the prices of cleaning cloths and hygienic materials such as paper towels, liquid soap or toilet paper.

The undertakings involved in the scheme have been fixing the minimum resale prices for institutional customers such as companies, agencies, hotels, shops and restaurants from at least 2010, if not earlier – says Marek Niechciał, President of the Office of Competition and Consumer Protection.

During the proceedings in question, the Office of Competition and Consumer Protection was able to prove, inter alia, that SCA Hygiene Products has entered into an anti-competitive agreement with its distributors. In 2013, as a result of transformation within the SCA group, SCA Hygiene became the entity responsible for the sale of products. Other parties to the antitrust proceedings were Eko Higiena from Sierosław, Henry Kruse from Bielany Wrocławskie, Higma Service from Opole, Les Higiena from Solec Kujawski, Zabłocki from Cracow and Smarth from Mrągowo. In the course of the proceedings, the Office of Competition and Consumer Protection conducted an administrative hearing, taking depositions from the parties.

– Collusion between entrepreneurs has a detrimental impact on both their honest competitors and the recipients of their products. In most cases it is the consumers who are forced to bear the brunt, paying higher prices for the goods purchased; in case of market division, they may also suffer as a result of limited access to certain goods. For the above reason, the efficient counteraction of illegal agreements remains one of the objectives of the Office of Competition and Consumer Protection in 2017 – the President of the Competition Authority explains.

The total amount of the fines imposed by the Office of Competition and Consumer Protection upon the participants of the price-fixing arrangement was in excess of PLN 3.2 million (PLN 3 288 074.08)*. One of the mitigating circumstances has been the discontinuation of the unlawful practices in 2013.

One of the companies – Smarth – was able to avoid the imposition of a fine owing to its decision to cooperate with the Competition Authority under the leniency programme. Under this programme, the undertaking which is the first among the colluding parties to provide the Competition Authority with evidence proving the existence of an anti-competitive agreement may even be granted complete immunity from fines. Detailed information on the leniency programme may also be found on the website of the Office of Competition and Consumer Protection, including in the form of questions and answers for undertakings. Answers to all questions regarding the program, even those asked anonymously, are offered by our lawyers available at 22 55 60 555.

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* SCA Hygiene Products sp. z o.o. (a limited liability company) with registered office in Oława – PLN 1 605 720.64,

SCA Hygiene SCA Hygiene sp. z o.o. (a limited liability company) with registered office in Warsaw – PLN 1 408 383.81,

Eko Higiena sp. z o.o. (a limited liability company) with registered office in Sierosław – PLN 20 982.39,

Henry Kruse sp. z o.o. (a limited liability company) with registered office in Bielany Wrocławske – PLN 157 683.14,

Higma Service sp. z o.o. (a limited liability company) with registered office in Opole – PLN 38 173.00,

Les Higiena – sp. z o.o. (a limited liability company) with registered office in Solec KujawskiPLN 26 404.88,

Michał Bajorek, operating under the business name „Zabłocki” with registered office in Cracow – PLN 30 726.22