The President of the Office of Competition and Consumer Protection (UOKiK) has initiated explanatory proceedings in connection with a suspicion that the manufacturer of floor panels, Decora, may have concluded an unlawful agreement with the sellers of its products.
The arrangements could concern the prices of floor panels (vinyl) and accessories for them, e.g. floor underlays and profiles and skirting boards. Entrepreneurs could also divide the sales market for these products among themselves.
After receiving the signals and the Office's analysis, I decided to initiate explanatory proceedings and ordered searches, which, with the court's consent and with the assistance of the Police, took place at the premises of four entities. We are currently analyzing the evidence collected. The suspected collusion could mean that consumers and flooring specialists could not buy Decora panels cheaper than the centrally established prices – says the President of the Office of Competition and Consumer Protection, Tomasz Chróstny.
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UOKiK searches in Decora, Decora Trade, Sklepy Komfort and Bel – Pol companies
The searches were carried out at the headquarters of the following companies: Decora, Decora Trade, Sklepy Komfort and Bel – Pol. The suspected practices may have involved establishing that the prices of Decora products in the stores would be the same or higher than the catalog prices sent by the company to distributors.
Decora could discipline trading partners who did not comply with the established resale prices. Sanctions could consist of refusing deliveries or extending the deadlines for their completion. In addition, there could have been agreements to limit the sale of Decora products on certain online platforms – UOKiK inspectors emphasize.
The explanatory proceedings are conducted in the case, not against specific entrepreneurs. If the collected material confirms suspicions, then the President of the Office will start antitrust proceedings and bring charges against specific entities.
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Participation in an agreement restricting competition is punishable by a financial penalty of up to 10 percent of the entrepreneur's turnover. Managers responsible for entering into a collusion are subject to a financial penalty of up to PLN 2 million.
Harsh sanctions can be avoided through a leniency program. It gives the entrepreneur participating in an illegal agreement and the managers responsible for the collusion a chance to reduce and sometimes avoid monetary sanctions.