• Could there have been restrictive practices in the Polish dog breeding market?
• UOKiK has initiated an investigation procedure in the case in question.
• Doubts have been raised about the Club’s actions, which may restrict the rights of its members.

The President of UOKiK has opened an investigation in connection with suspected anti-competitive practices by the Polish Kennel Club - the oldest and one of the largest organisations of breeders of pedigree dogs operating in Poland. Its strong position in the market can be evidenced, among other things, by the large number of events organised and birth and pedigree certificates issued. The Club is the only one in Poland to belong to the International Kennel Federation (FCI – Federation Cynologique International, based in Belgium).

Restrictive actions of the Club

According to the Club’s statutes, its members are prohibited from participating in other cynological organisations with which the Polish Kennel Club or the FCI does not cooperate. They are also not allowed to breed under other associations (clubs) or participate in events (e.g. exhibitions, competitions, or training) prepared by organisations that do not cooperate with the Club or the FCI. Such actions may impede the acquisition of purebred dogs for breeding purposes by members of other associations and reduce the revenues of these organisations. What also raises concerns is the prohibition of the participation of judges cooperating with the Club in events of associations not recognised by the FCI. The President of UOKiK is investigating whether this type of activity restricts competition in the broader market for dog breeding organisations in the country.

Breeders of purebred dogs should be free, among other things, to choose the number of cynological associations they want to belong to and the events they organise. No association should abuse its position and include wording in their statutes and bylaws in such a way as to impede the activities of other organisations, says President of UOKiK Tomasz Chróstny.

The Club as a trader

The law prohibits restrictive practices against traders, which may include industry associations and unions if they are engaged in economic activities. The Polish Kennel Club can be considered as such an entity. The decisions of the President of UOKiK in this regard have been confirmed by the Anti-Monopoly Court on several occasions. Examples include those concerning, e.g., the District Pharmacy Chamber or the Polish Football Association.

The investigation procedure is conducted in rem and not against specific businesses. If the materials collected in the course of the procedure confirm the objections of the President of the Office, he will institute an antitrust procedure and bring charges against particular entities. Practices that restrict competition carry a financial penalty of up to 10% of turnover.

We remind you that the Office operates a programme to acquire information from anonymous whistleblowers. Do you wish to inform the Office 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 full anonymity, including vis-a-vis the Office itself.