• The President of the UOKiK initiated anti-trust proceedings against PKP Polskie Linie Kolejowe.
• The company may have illegally abused its dominant position in its relations with potential suppliers.

PKP PLK is a company responsible for the management of over 95% of the entire railway network in Poland. The UOKiK has challenged several provisions included in the procedural document entitled The SMS-PW-17 Safety Management System. A product which does not receive the approval of the railway network administrator issued in accordance with the said procedure may not be used on any of the railway lines which remain under the administration of PKP PLK. It is important to note that the supplier who fails to comply with the procedure in question is not only barred from offering its technologies and sub-assemblies to PKP PLK itself, but also to other entities commissioned by PKP PLK to conduct railway line construction, refurbishment or modernisation works.

The Competition Authority has also examined the provisions which limit the liability of PKP PLK towards potential suppliers of sub-assemblies and technologies which are used on railway lines. As a result, the UOKiK has challenged those provisions which restrict the maximum amount of damages payable in the event of any claims related to the certification process to the value of a single product to which the given application pertains. Another objectionable practice is the shifting of the entire liability for third party losses incurred as a result of operational tests upon the potential supplier.

Finally, the provisions of the SMS-PW-17 procedure which result in the procedure in question being suspended whenever the supplier raises any claims or complaints may also result in a restriction of competition. In practice, these provisions would result in
a situation where, for example, an undertaking would be automatically deprived of the access to the Polish market insofar as any of its sub-assemblies and technologies used on railway lines are concerned if it chose to file an action with the court due to the losses suffered as a result of the actions of a monopolist.

– It is undeniable that the railway network administrator has to apply safety procedures; however, no undertaking who has such a significant market position may take advantage of it in its relations with other entities – says Marek Niechciał, the President of the UOKiK.

Additional information for the media:

UOKiK Press Office
pl. Powstańców Warszawy 1, 00-950 Warsaw
Phone: 22 55 60 430
E-mail: [SCODE]Yml1cm9wcmFzb3dlQHVva2lrLmdvdi5wbA==[ECODE]

Twitter: @UOKiKgovPL