• Consumers and entrepreneurs harmed by market collusion or abuse of a dominant position may apply for compensation.
• In a recent judgement concerning Google, the aggregate amount of compensations exceeded half a billion euros.
• Decisions of the President of UOKiK will help with pursuing claims. Farmers, drivers, or fitness club clients can go to court.

– Competition-restricting practices are the reason why consumers and entrepreneurs have to pay more for various products. At the same time, there are regulations in place that allow affected parties to seek high compensations. Decisions of anti-trust authorities make it easier for them to do so. We will also help with the court proceedings – says Tomasz Chróstny, the President of UOKiK.

In November, one of the German courts awarded over half a billion euros in compensation to entrepreneurs injured by Google. Meanwhile, a group of European publishers, including entities from Poland, sued this American corporation before one of the Netherland’s courts, demanding compensations exceeding two billion euros. These are only the most recent of the plenty of proceedings initiated before courts globally by persons affected by violations of the competition laws.

Claiming compensation is also possible based on decisions issued by the President of UOKiK establishing the breach of the competition law, namely market collusions or abuses of a dominant position.

Who can receive compensation?

Each injured entrepreneur and consumer can receive compensation for losses suffered as a result of actions of an entrepreneur, e.g. a company violating the anti-trust law. Victims may apply for compensation as part of a class action, which minimises their involvement in a court case.

Lately it has been easier

Since September 2025, the process of receiving compensation has been simpler. The Court of Justice of the European Union (CJEU) has issued a judgement confirming the interpretation of the Union law that is beneficial for victims. The case concerned compensations from Nissan Iberia with respect to a decision issued by the Spanish equivalent of UOKiK – CNMC (Comisión Nacional de los Mercados y la Competencia). CJEU ruled that the limitation period of claims for damage for violation of the competition law starts to run only on the date on which the decision of a competition authority becomes final. The ruling has been passed in response to an inquiry posed by a civil court in Spain. In consequence, the affected persons have more time to prepare a lawsuit and bring an action before the court compared to a situation where the limitation period was counted from the date the competition authority notifies on its website of the issuance of a decision that has not yet become final.

This is not the first decision of CJEU with regard to the private enforcement. In the case against a truck cartel that had operated in the European Union between 1997 and 2011, the Court of Justice decided that the place where damage occurred is the market of an EU Member State on which the violation actually had impact. For example, if the collusion was related to prices, then the damage occurs in a place where the prices were distorted. This means that a Polish claimant will usually be entitled to seek compensation in Poland, before the Polish court, even if collusion has taken place abroad, e.g. representatives of two foreign corporations met in Germany and colluded to increase prices for Polish consumers. What is more, the victim will be able to seek compensation from each of the colluding corporations even if they purchased certain products not directly from these corporations, but from their Polish distributor.

Decisions of UOKiK will help receive compensation

Compensations from entrepreneurs violating the anti-trust law may be sought regardless of whether the decision on violation was already issued by the President of UOKiK, the European Commission, or another competition authority. It is possible as part of stand-alone court proceedings.

However, court proceedings are simpler if any of these authorities has already issued a decision establishing a breach (follow-on court proceedings). In such a case, the affected persons do not have to demonstrate that there has been any breach at all, but only focus on demonstrating the legitimacy of compensation. Findings behind the final decision of the President of UOKiK are binding for the court in the proceedings for remedying the damage done by breaching the competition law. If the decision is not final, the President of UOKiK may present the court with, for example, a reasoned opinion on the matter.

In recent years, the President of UOKiK has issued numerous decisions that can be of significance for consumers and entrepreneurs interested in receiving compensation. An example is the automotive market and decisions concerning collusions in the field of selling KIA cars, Iveco and DAF trucks, as well as Claas, New Holland, Cas, and Steyr agricultural machines.

– It is estimated that in the case of a cartel purchasers may pay on average 10-15% more for certain products compared to fair competition conditions, which for a purchaser constitutes a claim they can bring before the court – says Tomasz Chróstny, the President of UOKiK.

Although decisions in the cases in question are not yet final, compensation proceedings may be initiated before civil courts already prior to them becoming final. It is also possible to conclude settlements with respect to compensations if entrepreneurs who have committed a breach consent to it.

It is also worth paying attention to decisions which have recently become final. It pertains to, among others, the case against a cartel of manufacturers of wood-based boards. Such boards are used for manufacturing furniture, which means that both entrepreneurs manufacturing such furniture and consumers buying it could be harmed in this process.

In 2025, the decision in the case of collusion on the fitness studio market has also become final. It pertained to such chains as Zdrofit, Calypso, Fitness Platinium, Fabryka Formy, and Fitness Academy, to name a few. Benefit Systems, operator of the Multisport programme, was an addressee of the decision as well.

– Drivers, farmers, or owners of transport companies can seek compensation from companies that made them overpay for purchased vehicles. Lawsuits may also be filed by entities that purchased wood-based boards under the collusion scheme, as well as by fitness studio clients. We offer help in this regard – says Tomasz Chróstny, the President of UOKiK.

Compensations may be awarded by the court only

In Poland, similarly as in other countries, only a civil court may award compensation to the affected persons. Such division of tasks between courts and competition authorities is beneficial for consumers and the economy. The President of UOKiK is mainly responsible for detecting a breach and collecting evidence, e.g. as part of searches in the seats of entrepreneurs suspected of collusion. When evidence has been collected and violation proven as part of administrative proceedings, the affected persons may initiate a civil procedure before the court to rule on compensation. Meanwhile, UOKiK may shift its resources to detect other collusions or violations of law.

The President of UOKiK may support the affected persons with court proceedings. He can, among others, make evidence available or indicate material facts to the civil court. This issue has been addressed in UOKiK’s publication: “Pursuing damages for violation of competition law”.

It is also worth remembering that payment of compensation may take place as part of a settlement. It allows entrepreneurs to avoid long-term court disputes with affected persons and to settle potential claims between affected persons and entrepreneurs by way of arrangements.