Paint And Lacquer Distribution Cartel Confirmed

The Court for Protection of Competition and Consumers has upheld a finding that paint and lacquer manufacturer Polifarb Cieszyn-Wrocław operated an illegal cartel with seven DIY retailers, including Praktiker, Nomi and Leroy Merlin.

The original decision by the President of the Office for Competition and Consumer Protection (OCCP) found that Polifarb had entered into unlawful distribution agreements with the seven DIY retailers which limited competition in the market. Under the agreements, the DIY retailers received discounts in return for applying minimum resale prices for Polifarb products.

The Court upheld most of the fines imposed by the OCCP, which ranged from PLN 32,086,000 to PLN 50,000. The maximum fine for participating in prohibited anti-competitive agreements, whether formalised or not, is 10% of the previous year's turnover.