PKP Cargo has been fined PLN 1.7 million (€ 404,265) by
UOKiK for a delay of more than four years in complying with an
order to discontinue applying, without objective justification,
onerous and dissimilar terms and conditions to equivalent
transactions with its contractors.
UOKiK, Poland's competition authority, ruled in
December 2004 that PKP Cargo was abusing its dominant position by
doing so. PKP Cargo, the Polish market leader for transporting
goods by rail, was fined PLN 20 million (c.€ 4.8 million)
and ordered to discontinue applying such terms and conditions.
PKP Cargo appealed unsuccessfully at every stage.
In June 2007, the Court of Competition and Consumer Protection
ruled that the decision be immediately enforceable. Although PKP
Cargo did not apply the terms and conditions to any new long-term
contracts, it failed to amend its existing contracts, the last of
which only expired at the end of 2011.
