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Office of Competition and Consumer Protection

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A search by UOKiK - musical instruments

< previous | next > 27.04.2018

A search by UOKiK - musical instruments
  • UOKiK conducted a search at the premises of undertakings involved in the distribution of musical instruments.
  • The search was a part of the explanatory proceedings intended to verify whether a collusion occurred on that market.
  • This is already the fifth search this year.

The search began on 17 April at the premises of three entities. It was conducted as part of the explanatory proceedings aimed to determine whether the undertakings operating on the distribution and retail market of musical instruments, equipment, accessories and software could conclude a competition-restricting agreement.

 - Their practices may breach both Polish and EU law. Involvement in a competition-restricting agreement may be fined in the amount of up to 10 percent of the undertaking's sales. The explanatory proceedings are the first stage of UOKiK's procedure, and currently they are conducted on the case, not against any undertaking - says the president of UOKiK, Marek Niechciał.

UOKiK may use a variety of measures in order to gather evidence of unlawful practices. One of the most effective among those measures is a search of the undertaking’s premises.

UOKiK conducts a search of the undertaking's premises when it is suspected that the entity is in possession of significant evidence. It may only be conducted upon court authorisation. In the course of the search, the undertaking must grant the inspectors access to its buildings and premises and make all documents and data carriers available. A search is usually conducted in the presence of police officers. Since the beginning of the year, UOKiK has conducted 5 searches as part of its proceedings.

These are not the first UOKiK’s proceedings concerning the musical instruments market. In December 2011, UOKiK found that Roland Polska agreed with distributors on the minimum resale prices of its products on the Internet. The undertaking was imposed with a fine exceeding PLN 216,000. The decision was confirmed by the courts of subsequent instances. Actually, a significant part of the evidence on this case was collected by UOKiK during the inspection combined with a search.

The leniency programme offers the undertaking involved in an illegal agreement an opportunity to avoid a fine or have it reduced. It is applicable to those who agree to cooperate with UOKiK and provide evidence or information on the illegal agreement. We encourage undertakings interested in the leniency programme to contact UOKiK. By calling 22 55 60 555 you will be able to talk to UOKiK lawyers, who will answer all your questions, also anonymous ones, related to the leniency applications.

If you are aware of any illegal agreements, please report them to UOKiK. The Office runs a programme of acquiring information from anonymous whistle-blowers. Please contact us by phone: 22 55 60 500 or email us at [SCODE]c3lnbmFsaXN0YUB1b2tpay5nb3YucGw=[ECODE]. You may find all the information on the whistle-blower programme on the newly-launched website: konkurencja.uokik.gov.pl.

Additional information for the media:

UOKiK Press Office 
Pl. Powstańców Warszawy 1, 00-950 Warszawa
Phone: 695 902 088; 22 55 60 430
E-mail: [SCODE]Yml1cm9wcmFzb3dlQHVva2lrLmdvdi5wbA==[ECODE]
Twitter: @UOKiKgovPL

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