The President of the Office of Competition and Consumer Protection (UOKiK) has initiated explanatory proceedings concerning potential price-fixing practices in the sale of fiscal devices produced by Posnet Polska. As part of the investigation, UOKiK officials, with court authorization and in the presence of the Police, conducted searches at the premises of Posnet Polska and three of its distributors: ESC in Kraków, Segal in Opole, and Dotkom in Tychy.
According to preliminary information received by UOKiK, Posnet Polska, together with its trading partners, may have engaged in unlawful coordination of prices for products such as fiscal cash registers, payment terminals, and barcode scanners. The Authority’s initial analysis indicated that the prices of fiscal devices offered by online retailers were identical or very similar across different sales platforms.
Commenting on the case, UOKiK President Tomasz Chróstny stated that such price alignment, if confirmed, could indicate a prohibited price-fixing arrangement: “A price-fixing agreement would mean that entrepreneurs were unable to purchase fiscal devices of a well-known brand at prices lower than those predetermined by the suppliers. We are currently analyzing the evidence collected during the searches.”
The current proceedings are of an explanatory nature, meaning they are conducted in relation to the matter, not against specific undertakings. Should the evidence confirm the suspicions, the President of UOKiK may initiate formal antitrust proceedings and bring charges against particular companies. Participation in an anti-competitive agreement may result in fines of up to 10 percent of a company’s annual turnover. Individuals responsible for entering into a cartel agreement may also face personal financial penalties of up to PLN 2 million.