• The President of UOKiK has launched a preliminary investigation regarding a possible competition-restricting agreement.
• UOKiK employees assisted by the Police searched through the premises of Kom-Eko and Koma Lublin.
• Suspicions relate to tender collusion in proceedings for waste collection and disposal in Lublin.

The Office of Competition and Consumer Protection obtained information suggesting that two business entities operating in the waste collection and disposal market in Lublin might have agreed in which tenders or their parts they would submit their quotations and which of which they would opt out. The President of UOKiK opened a preliminary investigation into the case and having obtained permission from the court, conducted searches at the premises of business entities such as Kom-Eko and Koma Lublin.

– There are grounds to claim that quotations submitted in recent tenders by both businesses might have been coordinated. We are analysing the evidence collected during the searches – says Tomasz Chróstny, the President of UOKiK.

The suspicions refer to tender procedures for waste collection and disposal in Lublin, starting from 8 March 2018. The searched-through entrepreneurs might have agreed that they would not submit quotations which were competitive vis-a-vis one another in individual tenders or their parts and each of them would provide services within a top-defined scope.

The investigation procedure is conducted in rem and not against specific businesses. If the evidence collected confirms the suspicions, the President of UOKiK 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 revenue. The managers responsible for entering into the price-fixing arrangement face a fine of up to PLN 2 million.

Severe sanctions can be avoided by taking advantage of the leniency scheme. It offers businesses involved in an illegal agreement and managers responsible for entering into a collusion arrangement an opportunity to reduce a sanction or, in some cases, avoid it altogether. It is intended for those who agree to cooperate with the President of UOKiK as a “crown witness” and provide evidence or information regarding the existence of a prohibited agreement. We encourage the parties interested in the leniency scheme to contact UOKiK. UOKiK staff will answer any questions, including anonymous questions, about the leniency scheme at the phone line set up specifically for that purpose, available by calling the following number: 22 55 60 555.

We also remind you that we operate a programme to obtain information from anonymous whistleblowers. Do you wish to inform UOKiK about competition-restricting practices? Visit https://uokik.whiblo.pl/ or scan the QR code below and use the simple form. The system we use guarantees complete anonymity, including from UOKiK itself.