For nearly a decade, Scott Sportech Poland, the exclusive distributor of Scott, Bergamont, and Bold bicycles, blocked its dealers from selling bikes online. The Polish competition authority (UOKiK) has now ruled that the company’s conduct violated both Polish and EU competition law by unlawfully restricting competition among retailers – ultimately harming consumers by limiting access to better and cheaper offers.
A Lock on Online Sales
Imagine a cyclist preparing for a long summer journey. After carefully researching options, they find the perfect bicycle online – the right color, the right size, and significantly cheaper than what’s available locally. But there’s a catch: the dealer is located in Gdańsk and, under the distributor’s policy, the bike must be picked up in-store. With over 600 kilometers to travel from southeastern Poland, the customer abandons the purchase altogether.
This hypothetical scenario reflects a very real market practice. Scott Sportech Poland prohibited online bicycle sales and delivery for nearly ten years. Instead, it required that all purchases be finalized in-person at brick-and-mortar stores. This policy ensured dealers operated in isolated geographical bubbles, shielding them from price competition and preventing nationwide consumer access to the full range of available products and prices.
Dealers didn’t just comply – they actively policed one another, reporting violations directly to the distributor. According to UOKiK President Tomasz Chróstny:
“A ban on online sales is not a business strategy – it’s a way to close off markets and exclude competition. Consumers have the right to choose freely, whether they’re shopping in-store or online.”
Covert Restrictions in Cooperation Agreements
Scott Sportech Poland’s policies were embedded in its so-called “distribution agreements” and “cooperation conditions.” While these documents did not explicitly ban online sales, they effectively imposed such a ban by requiring in-person handover of fully assembled bikes and forbidding sales via third-party platforms such as Allegro or eBay.
Dealers were permitted to display products online, but only for informational purposes – not to facilitate actual e-commerce with delivery. Any attempt to offer bikes online with delivery prompted warning emails and the threat of sanctions from the distributor. As a result, competition between dealers was stifled – not only in price but also in product availability and customer reach.
This limitation had broader consequences. By preventing cross-border e-commerce within the EU, the company may also have obstructed trade across the internal market. Consequently, UOKiK applied both Polish and European law in its decision, invoking Article 101 of the Treaty on the Functioning of the European Union, which prohibits agreements that restrict intra-EU competition.
The Fine and Wider Enforcement Action
UOKiK imposed a fine of PLN 4,340,394 ( €986,450)on Scott Sportech Poland. The decision is not yet final and is subject to appeal.
This is not the first time UOKiK has taken action in the bicycle industry. In 2023, it fined Merida Polska nearly PLN 2.5 million ( €568,180 ) for a similar six-year-long restriction on online sales. The Competition and Consumer Protection Court (SOKiK) upheld the violation but reduced the fine by over PLN 400,000 (€90,910 ). That ruling is also pending final judgment.
Additionally, UOKiK is investigating Kellys, the Polish importer and distributor for the Slovak brand Kellys Bicycles. The inquiry focuses on potential resale price maintenance and illegal agreements with retail partners. With court approval and police assistance, UOKiK inspectors recently conducted searches at the company’s premises and those of three dealers.
These enforcement actions reflect a broader effort by UOKiK to dismantle anti-competitive practices that limit consumer choice and suppress fair pricing in the marketplace.
Leniency Program and Whistleblower Channel
UOKiK reminds businesses and individuals that participation in anti-competitive agreements can result in penalties of up to 10% of annual turnover for companies and PLN 2 million for responsible managers. However, the leniency program offers the possibility of reduced or waived fines in exchange for cooperation and evidence.
