The President of the Office of Competition and Consumer Protection (UOKiK) has brought charges against four companies suspected of participating in a bid-rigging scheme concerning the supply of diaphragm gas meters for the national gas distribution system operator – Polska Spółka Gazownictwa (PSG).
The companies charged are: Apator Metrix (Tczew), Zakład Wytwórczy Urządzeń Gazowniczych Intergaz (Tarnowskie Góry), Fiorentini Polska (Poznań), and Elektrometal (Cieszyn). According to UOKiK, the unlawful agreement may have operated between 2014 and 2021, covering recurring tenders organized by PSG.
Alleged Bid-Rigging Practices
Evidence suggests that representatives of the companies met in restaurants, hotels, and other neutral venues – described by one participant as a “discreet and elegant place off the beaten path.” UOKiK suspects that these meetings served to coordinate tender outcomes, including determining which company would secure specific parts of the contracts.
The companies may also have submitted so-called courtesy bids – offers deliberately less attractive in order to create the illusion of competition.
– We suspect that instead of competing for contracts, the companies may have colluded for seven years to decide which of them would win particular tenders. Their actions could have caused losses to the national gas distribution system operator and, indirectly, to the state budget – said Tomasz Chróstny, President of UOKiK.
Possible Penalties
Participation in an anti-competitive agreement carries the risk of fines of up to 10% of annual turnover.
UOKiK also reminds market participants of the availability of the leniency program. Companies and managers involved in illegal collusion may significantly reduce or, in some cases, avoid penalties if they cooperate with UOKiK and provide evidence of the infringement.
Whistleblower Program
In parallel, UOKiK runs a program for anonymous whistleblowers. Individuals wishing to report anti-competitive practices can use the secure online form available at https://uokik.whiblo.pl/. The system guarantees complete anonymity, including with respect to UOKiK itself.
