The President of the Office of Competition and Consumer Protection (UOKiK) has initiated two antitrust proceedings concerning the sale of agricultural machinery.
These investigations focus on potential market division and price-fixing practices involving well-known brands such as New Holland, Case, Steyr, and Claas. A total of 15 companies and two managers have been formally charged, raising concerns about possible restrictions on farmers’ ability to purchase equipment at competitive prices.
Allegations of Market Manipulation
Following independent analyses and on-site inspections, UOKiK has gathered evidence suggesting that certain agricultural machinery sales may have violated competition laws. According to President Tomasz Chróstny, businesses may have colluded to allocate market territories and exchange pricing information, thereby limiting farmers’ choice of suppliers and keeping prices artificially high.
The first proceeding involves CNH Industrial Polska, responsible for distributing New Holland, Case, and Steyr machinery in Poland, along with seven affiliated dealers: Przedsiębiorstwo Handlowo-Usługowe Perkoz, Przedsiębiorstwo Handlowo-Produkcyjne Rolserwis, Raitech, Pol-Agra J. Korneluk, T. Rzeszowski, Adler Agro, Kisiel Agrotech, and Kisiel. Additionally, two managers from CNH Industrial Polska and Perkoz face allegations of direct involvement in the suspected collusion.
The second proceeding targets Claas Polska and six of its dealers: Agro Sznajder, Agro Sznajder WKP, Przedsiębiorstwo Techniczno-Handlowe Roltex, Święrkot, Agrimasz, and Agroas.
Suspected Collusion Practices
UOKiK suspects that dealers operated within assigned territories and restricted passive sales to customers outside these areas. This practice allegedly involved redirecting farmers to local dealers or offering them less favorable pricing, limiting their ability to seek better deals. Furthermore, dealers may have shared pricing information to discourage customers from purchasing from competitors outside designated zones.
Potential Penalties and Legal Consequences
Businesses found guilty of anticompetitive agreements face financial penalties of up to 10% of their annual turnover. Individual managers involved in collusion may be fined up to PLN 2 million. UOKiK has previously imposed significant financial penalties on corporate executives found guilty of violating competition laws.
