• Did transport companies prevent drivers from changing jobs?
• The President of UOKiK launched a preliminary investigation into this matter and ordered searches at the offices of three companies.
• This is another case concerning the protection of competition on the labour market.

The President of UOKiK launched a preliminary investigation into a possible competition-restricting agreement and ordered searches at the offices of three companies: Krotrans Logistics, C.H. Robinson and Mena P.M.

The companies may have made it difficult for drivers to change employers and may have refused to recruit people previously employed by their competitors. The case concerns the use of a so-called “non-poaching” or “blocking” system, which could mean that for a certain period of time after leaving their jobs, drivers were not employed by other transport companies.

“The suspected actions of the entrepreneurs may have affected the conditions of competition on the market for road freight transport services. That is why I have launched a preliminary investigation and ordered searches, which were carried out at the offices of three entities. We are analysing the collected evidence”, says President of UOKiK Tomasz Chróstny.

This is another case in which the President of UOKiK has intervened in relation to breaches of competition on the labour market. Antitrust proceedings are ongoing concerning the practices of Jeronimo Martins Polska and transport companies; the Competition Authority is also conducting a preliminary investigation into the owner of the Dino chain. In previous years, decisions were issued concerning prohibited agreements on the remuneration of basketball players and speedway riders.

For more information on collusion schemes on the labour market, please see our publication entitled “Collusion and Abuses on the Labour Market. Competition Law vs Employee Matters” published in July 2024. Based on specific examples, the document describes, in a simple manner, what practices may be deemed to violate the law.

The preliminary investigation into transport companies is being 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 turnover. The managers responsible for entering into the collusion arrangement face a fine of up to PLN 2 million.

Severe penalties for participation in collusion can be avoided through 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 those interested in the leniency scheme to contact the Authority at a dedicated phone number: 22 55 60 555. UOKiK staff will answer any questions about the leniency scheme, including anonymous inquiries.

We also remind you that we conduct a programme for obtaining 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.