Orlen Oil was fixing with its distributors the prices of Platinum branded lubricants used in automotive industry. This prohibited agreement was in force till 2003. As a result, the undertaking was fined with nearly PLN 2 mln

Under the antimonopoly law, producers must not impose on distributors the resale prices for their products. Trading partners should act independently and based on their economic calculations. Consequences of price-fixing agreements unfortunately affect the remaining market participants, including consumers, who suffer from a limited possibility to purchase the products under collusion at a lower price.

The President of UOKiK stated recently that Orlen Oil (the producer of lubricants for automotive sector and industry as well as chemistry and car cosmetics) and distributors of its products had entered into a prohibited agreement. The proceedings in this case were instituted in April, 2012. The evidence collected by the Office shows that starting from the year 2003, the company was obliging its trading partners to sell lubricants by Platinum (including engine oils) at minimum prices.

Distributors were not allowed to sell these products at prices lower than indicated by the producer, reduced by a fixed discount. The President of UOKiK imposed on Orlen Oil (the initiator to the agreement) a fine amounting to nearly PLN 2 mln (1 993 805.64) and ordered to discontinue the prohibited practice.

The decision is not final – it may be appealed against to the court.

Participants to prohibited agreements may expect immunity from severe fines provided they cooperate with UOKIK under the leniency programme. An undertaking who produces evidence indicating the existence of a cartel, was not its initiator and ceased the unlawful practice may expect even a full immunity from financial sanctions. UOKiK’s lawyers are available at +48 22 55 60 555 to respond to any questions concerning this programme, even anonymous.

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 60 314, 55 60 430
Fax: +48 22 826 11 86
E-mail: malgorzata.cieloch@uokik.gov.pl