• Truck dealers could have established a cartel which controlled the Polish market since 2011.
• As a result, car buyers might have paid higher prices and have been deprived of the opportunity to choose a seller.
• UOKiK initiated proceedings against 5 companies and 9 managers. Individuals may be given a fine up to PLN 2 million for participation in collusions.

The Office of Competition and Consumer Protection initiated proceedings against the following companies: DBK from Olsztyn, ESA Trucks Polska from Komorniki (the Province of Wielkopolskie), TB Truck&Trailer Serwis from Wolica (the Province of Mazovia), Van Tilburg-Bastianen Groep from Breda in the Netherlands and WTC from Długołęka (the Province of Lower Silesia). UOKiK has also levelled charges against nine high-level managers who used to work or still work in these companies.

During a search carried out at DBK, ESA Trucks Polska, TB Truck&Trailer Serwis and WTC in 2018, the Office seized extensive evidentiary material. Employees of UOKiK, assisted by the police, found evidence that these enterprises agreed on joint actions and were aware that their actions could be illegal. They described their cooperation as a “deal”, “pact” or “collusion”.

We have found solid evidence during the searches. We suspect that at least since 2011, DBK and WTC together with ESA Trucks Polska have controlled the DAF truck market by dividing it among themselves. In 2016 at the very latest, TB Truck & Trailer Serwis could have joined the agreement with the consent and to the knowledge of its controlling company, i.e. Van Tilburg-Bastianen Groep. We have information that this Dutch enterprise was informed by one of its employees about truck dealers’ agreement restricting competition in Poland. However, it did not take any steps to end the participation of its daughter company in the cartel. That is why we also conduct proceedings against this company and its managers, explains the president of UOKiK, Marek Niechciał.

UOKiK found out that these enterprises had agreed together that each of them would sell DAF trucks in a given area and they would not compete for clients in other parts of Poland. Some arrangements were made with regard to tenders for the supply of cars. Furthermore, price information could have been exchanged. Hence, it was possible to discourage potential buyers from buying trucks from other dealer than those agreed by the sellers. For example, if a client from DBK-controlled area wanted to buy a truck from ESA, he/she was given an extra high price from ESA so that he/she would sign with the seller' from his/her region.

The above example shows that anti-competitive collusion is not just about pricing. Market division is just as dangerous to the economy. Instead of competing, companies allocate territories, products or specific types of customers among themselves. In the case of territorial arrangements, potential clients no longer have an opportunity to buy products from selected sellers and at lower prices. Potential collusion involving truck dealers could lead to such consequences.

Road freight transport is very important in our country, which is why the results of potential bid rigging would affect all of us. More expensive cars mean higher costs for transport companies, and this may affect prices paid by consumers, says the vice-president of UOKiK, Michał Holeksa.

Any enterprise participating in a fraudulent scheme might be given a fine of up to 10% of its turnover, while managers involved in collusion might be fined up to PLN 2 million. As that practice could have affected trade between EU countries, the Office conducts proceedings against companies and managers in connection with the violation of both Polish and EU regulations.

Severe fines can be avoided thanks to the leniency programme. It gives an enterprise and managers participating in a fraudulent scheme an opportunity to turn state’s evidence in exchange for leniency in sentencing (it allows them to completely avoid or reduce the fine). The programme is dedicated to those who will provide evidence or information about the existence of a secret and deceitful agreement and will cooperate with UOKiK. Enterprise and managers interested in the leniency programme are encouraged to contact the Office. UOKiK lawyers can be reached at 22 55 60 555 and they will answer all questions regarding leniency applications, including anonymous ones.

If you know anything about a secret agreement in your former or current company, please report to UOKiK. The Office runs a programme aimed at obtaining information from anonymous individuals aware of practices restricting competition. Contact us at 22 55 60 500 or at the following e-mail address: [SCODE]c3lnbmFsaXN0YUB1b2tpay5nb3YucGw=[ECODE]. All data on the whistle-blower programme can be found at: http://konkurencja.uokik.gov.pl/

Additional information for the media:

UOKiK Press Office
Pl. Powstańców Warszawy 1, 00-950 Warszawa, Poland
Phone +48 695 902 088, +48 22 55 60 314
E-mail: [SCODE]Yml1cm9wcmFzb3dlQHVva2lrLmdvdi5wbA==[ECODE]
Twitter: @UOKiKgovPL