• Did dog and cat food producer Empire Brands break the antitrust law?
• Tomasz Chróstny, President of UOKiK, launched a preliminary investigation in the case and the Office staff conducted a search at the company’s registered office.

The search at the registered office of Empire Brands took place as part of preliminary investigation in which the President of UOKiK is examining whether cooperation between the producer and retailers of dog and cat food company “Empire Brands” may be a competition-restricting agreement.

– According to our information prior to the search, Empire Brands may dictate food resale prices for retailers. Such action would constitute a violation of competition law and deprive consumers of the possibility of buying cheaper products than at top-down rates. Therefore, after obtaining the appropriate court approval, we conducted a search at the registered office of the feed producer. We are reviewing the collected evidence – says Tomasz Chróstny, President of UOKiK.

It is not the first time that the President of UOKiK takes a look at the practices of petfood producers. In 2013, a decision was issued on Royal Canin’s collusion with distributors.

The preliminary investigation is conducted in the case and not against any specific enterprises. If the evidence gathered confirms the suspicions, the President of the Office will initiate antitrust proceedings and bring charges against individual entities. An enterprise involved in a competition-restricting agreement faces a fine of up to 10% of its turnover. The managers responsible for concluding the collusion, in turn, face a fine of up to PLN 2 million.

Severe sanctions can be avoided by taking advantage of the leniency scheme. It offers the enterprise involved in an illegal agreement and the managers responsible for the collusion an opportunity to reduce a fine or, in some cases, avoid it altogether. It is applicable to those who agree to cooperate with the President of UOKiK as a “crown witness” and provide evidence or information on the illegal agreement. Entrepreneurs and managers interested in the leniency programme are encouraged to contact UOKiK. By calling a dedicated number: 22 55 60 555, you will be able to talk to UOKiK lawyers, who will answer all of your questions related to leniency applications - including those asked anonymously.

Additional information for the media:

UOKiK Press Office
Pl. Powstańców Warszawy 1, 00-950 Warszawa, Poland
Phone +48 695 902 088, +48 22 55 60 246
E-mail: biuroprasowe@uokik.gov.pl
Twitter: @UOKiKgovPL