The President of the Office of Competition and Consumer Protection (UOKiK) has brought charges against five companies and one manager over an alleged cartel in the purchase of soft fruits in the Wielkopolska region. The case concerns suspected price-fixing agreements that may have harmed local farmers and orchard owners between 2022 and 2024.
According to UOKiK President Tomasz Chróstny, the authority has evidence – including materials obtained during a search of one of the firms – that the companies exchanged information about the prices they would apply to suppliers and subsequently implemented them in their purchase operations. The proceedings have been initiated against Fructis of Wierzbia (Wielkopolska), Damex of Nowa Wieś (Wielkopolska), Silver-Trans of Sompolno (Wielkopolska), Kam Pol of Biała Rawska (Łódzkie) and Kalbrok of Sielice (Mazowieckie). Charges have also been filed against a manager at Fructis.
“The suspected agreement may have meant that local farmers sold currants, cherries or plums over three harvest seasons at artificially low prices,” said President Chróstny. He underlined that while price imitation – observing competitors’ pricing and adjusting accordingly – is legal, coordinating and agreeing prices directly with competitors is prohibited and constitutes a price cartel.
Under Polish competition law, participation in an anti-competitive agreement can result in fines of up to 10 percent of a company’s turnover. Individuals responsible for entering into such agreements may face penalties of up to PLN 2 million.
In addition to the charges, UOKiK has recently carried out inspections at three major processors – Austria Juice Poland, Döhler and Rauch Polska – as well as at three purchasing companies, namely Przetwórstwo Owoców i Warzyw Anna Wagnerowska and Makofrost (both based in Opole Lubelskie), and Frutica of Lewiczyn. The aim of these inspections is to verify whether price-fixing may also have occurred at other levels of the supply chain. These proceedings are exploratory and have not yet been directed against specific undertakings.
President Chróstny reminded businesses that UOKiK closely monitors the fruit market and stressed that while similar or identical purchase prices in different locations do not necessarily prove collusion, coordinated agreements between independent undertakings are strictly prohibited.
Enterprises and managers involved in prohibited agreements may benefit from the authority’s leniency program, which allows for a reduction or even avoidance of fines if they provide evidence and cooperate with UOKiK in uncovering cartels. Interested parties may contact the authority directly, including anonymously, for more information about leniency procedures.
