The President of UOKiK will verify whether Polkomtel, Polska Telefonia Cyfrowa, PTK Centertel and P4 have concluded an illegal competition-restricting agreement. The instituted antitrust proceedings will clarify whether the operators have agreed the method of proceeding towards a wholesale operator of mobile television.

In 2009 the Office of Electronic Communications  (UKE) announced a competition for the reservation of frequencies for the provision of wholesale audiovisual media services, including the distribution of radio and television programmes in the DVB-H technology. Two entities took part in it: Info-TV-FM and Mobile TV consortium, established especially for that purpose by Polkomtel, Polska Telefonia Cyfrowa, PTK Centertel and P4. UKE selected Info-TV-FM as the tender winner. The concession granted to it was to allow, inter alia, for the reception of television on a phone in a better standard than the currently available one. In order to provide services for individual recipients on a broad scale, Info-TV-FM has to conclude agreements with the operators of mobile telephony.

The President of UOKiK has instituted antitrust proceedings to verify whether the operators establishing the consortium (which has not won the tender) have colluded concerning their  action  with Info-TV-FM.

In the course of proceedings, the Office will examine whether, after losing the competition, the consortium participants – Polkomtel, Polska Telefonia Cyfrowa, PTK Centertel and P4 – have still been colluding and what it concerned. UOKiK will verify in particular whether the undertakings have agreed to refrain from negotiations with Info-TV-FM until arrangements have been made between each other. Furthermore, the Office will assess whether they have made joint analysis of financial conditions and business value of the Info-TV-FM offer and whether they have agreed on common PR activities – that, inter alia, might have consisted in public questioning of the validity and credibility of the Info-TV-FM offer.

Exchange of information and arrangements concerning the form of relations with Info-TV-FM conducted between Polkomtel, Polska Telefonia Cyfrowa, PTK Centertel and P4 could have violated the provisions of the Act on competition and consumer protection. Each of the operators should have assessed the Info-TV-FM offer independently, on the basis of their own economic calculations, and the decision on commencing co-operation with Info-TV-FM should be made individually, not as a result of joint arrangements.

UOKiK will verify whether the actions of operators have contributed to the delay of development of the market of wholesale mobile television services, and consequently to deprivation of end users of the possibility of using these services. The proceedings concerning competition-restricting practices should be completed no later than 5 months of the date of their institution.

Furthermore, two proceedings are currently being conducted against PTC and Polkomtel concerning hindering controls that were carried out under the proceedings preceding the respective antitrust proceedings.

The maximum financial sanction for participation in competition-restricting agreement amounts to 10% of undertaking's revenue obtained in the year preceding the decision. Participants of the collusion who want to avoid severe penalty may take advantage of the leniency program. The undertaking that will provide useful evidence for proving the existance of the practice, was not its initiator and did not induce other enterprises to prohibited actions, may expect to be granted full immunity from financial penalty. An application in this respect can be submitted in person at the seat of the Office of Competition and Consumer Protection in Warsaw, to the employee of UOKiK for official record, by mail, faks or email: [SCODE]bGVuaWVuY3lAdW9raWsuZ292LnBs[ECODE].  Answers to all questions regarding the programme are provided by UOKiK’s  lawyers under the telephone number: (+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
Tel.:(+48 22) 827 28 92, 55 60 106, 55 60 430
faks (+48 22) 826 11 86
E-mail: [SCODE]bWFsZ29yemF0YS5jaWVsb2NoQHVva2lrLmdvdi5wbA==[ECODE]