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Cable manufacturers in Poland under ongoing investigation

Christian Fernsby |
In October, UOKiK employees, assisted by the police, simultaneously entered four companies belonging to three capital groups, namely: Eltrim Kable from Ruszków (Warmian-Masurian Province), NKT from Warszowice (Silesian Province) and Tele-Fonika Kable from Myślenice (Małopolska Province).

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The search was conducted as part of the explanatory proceedings. The purpose of the search is to find out whether companies that manufacture and market cables and wires have fixed prices and exchanged confidential information. We have collected paper and electronic documents that we will now analyse, says the President of UOKiK Marek Niechciał.

Dubious practices may violate both national and EU regulations. The investigation procedure is an initial measure undertaken by the Office and is conducted with regards to, not against, specific enterprises.

A search on an enterprise’s premises is a tool that UOKiK uses when it suspects that evidence of violation of competition law is kept on such premises. It is conducted only after the Office of Competition and Consumer Protection is granted a search warrant, and is most often assisted by the police. An entrepreneur is then required to let officers into its premises, and to make documents and data carriers available to them.

The participation in an arrangement that restricts competition can lead to a fine of up to 10% of an enterprise’s turnover. Managers responsible for concluding secret cooperation or deceitful agreement may face a fine of up to PLN 2 million.

The leniency programme gives an entrepreneur participating in an illegal agreement and managers responsible for collusion a chance to avoid fine or reduce its amount.

Enterprises may join it provided that they will cooperate with UOKiK as a crown witness and give evidence or information about the existence of an unlawful agreement.

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.

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