J. Sroczyński for WuW No. 12/2019 – Search of a nail varnish manufacturer’s premises by the President of the OCCP

The President of the Office of Competition and Consumer Protection (“OCCP”) carried out a search of the premises of Nesperta, a producer of nail polish. While the OCCP suspects that Nesperta might have been engaged in the vertical resale price maintenance practices, it has not yet presented any charges of a violation of the rules on competition.

The OCCP presented bid-rigging charges to two competitors who coordinated their offers in about ten contracts for repairs of local roads, by withdrawing a cheaper offer, so that the more expensive would be the winning one.

The OCCP issued a prohibition decision to two contractors of the Polish Post, linked by family ties. Both forms were coordinating contracts for the delivery of parcels on behalf of the Polish Post. A cheaper offer would be withdrawn by the winning firm, so that the more expensive offer would be finally accepted. The fines imposed by the OCCP totalled to 3,000 euro.    

J. Sroczyński, Wirtschaft und Wettbewerb. Developments in national competition law, No. 12/2019.