Biznes Fakty
Agricultural machinery. „Possible violation of competition”. UOKiK suspects collusion of entrepreneurs
The President of the Office of Competition and Consumer Protection (UOKiK) has launched two investigative proceedings regarding suspicions of competitive violations in the sale of agricultural machinery, as announced by the office on Monday. It was clarified that entrepreneurs „might have divided the market among themselves and shared information on the prices charged.”
„The President of the Office of Competition and Consumer Protection received information indicating a potential breach of competition regulations in the agricultural machinery market based on internal analyses and after conducting searches. The evidence gathered justified the initiation of two proceedings against a total of 17 entities,” reported the Office of Competition and Consumer Protection.
The first investigation pertains to CNH Industrial Polska, which oversees the distribution of agricultural machinery for the New Holland, Case, and Steyr brands in Poland. This proceeding also involves seven dealers. Additionally, the President of UOKiK has issued charges against two executives from CNH Industrial Polska and Przedsiębiorstwo Handlowo-Usługowe Perkoz, who may have been directly accountable for the alleged collusion.
The second investigation is directed at Claas Polska, which manages the distribution network for Claas agricultural machinery, alongside six dealers of this brand.
Is there collusion in the agricultural machinery sector?
„We suspect that the sale of agricultural machinery, including popular tractors and combine harvesters, was conducted in violation of competition laws. Entrepreneurs may have divided the market and exchanged pricing information. Consequently, farmers risked losing the ability to select a seller and to purchase agricultural machinery at more competitive prices,” stated Tomasz Chróstny, President of the Office of Competition and Consumer Protection, as cited in the antitrust office’s press release.
According to UOKiK, in both instances, dealers were allocated specific regions for selling products, and the office suspects that the illicit arrangements might have involved restricting passive sales to customers outside their designated areas. This refers to situations where a farmer approached a dealer and was directed to a seller closer to their farm or received a less favorable price offer. Additionally, entrepreneurs may have communicated pricing details to each other to dissuade farmers from buying from dealers outside their assigned regions.
As emphasized by the Office of Competition and Consumer Protection, involvement in agreements that restrict competition can lead to financial penalties of up to 10 percent of the entrepreneur’s revenue. Executives responsible for engaging in collusion face fines of up to PLN 2 million.
The business editorial team at tvn24.pl reached out to CNH Industrial Polska and Claas Polska for comments regarding this issue. Claas Polska stated that it „adheres strictly to all applicable regulations, including competition law. We are cooperating with the office during the investigation.” CNH Industrial Polska did not provide a response to our inquiries.
