Collusion in selling coffee machines on the Polish market

On 5 March 2025, the President of the Polish antitrust office (UOKiK) imposed more than PLN 66 m fines on Jura Poland sp. z o.o. and distributors for price fixing in relation to Jura equipment offered on the Polish market. The evidences obtained during the search conducted at the headquarters of Jura Poland and its distributors showed that the companies involved in the collusion agreed on minimum prices for the resale of Jura coffee machines and their accessories. They also colluded on the amount of prices used during special promotions and sales, as well as the types and value of free bonuses for consumers.

Additionally, a fine of almost PLN 250,000 has been imposed on the Jura Poland’s CEO for her involvement in prohibited practices.
 
The decision of the UOKiK is not final and biding and may be appealed against to the court.

The maximum penalty for participation in a collusion under Polish law is 10 percent of turnover for the entrepreneur. Additionally, penalties of up to PLN 2 m can be imposed on managers who intentionally allowed a company to infringe such prohibitions.
 
Price fixing
 
Price fixing is one of the most flagrant example of illegal conduct which infringes the competition rules. These practices are strictly forbidden because they restrict competition. Competition is good because it leads to lower process and more choice for consumers The price fixing arrangements can take many forms and need not to be officially approved by the companies.
 
Price fixing takes place where two or more businesses agree on what prices they will charge to avoid having to compete which each other. Price fixing is not limited to agreements between competitors setting a specific price for goods or services – it also includes competitors agreeing to fix any part of a price or to set price according to an agreed formula.
 
How can you avoid collusion or abuse of dominant position if you run the business in Poland
 
Here are seven rules which should be kept in mind:
 

1. make sure that you and your staff are familiar with the requirements of the antitrust rules; competition leads to lower prices and more choice for consumers but the rules are not easy to follow;
2. think carefully about who you are, or may be, in competition with, especially if sub-contracting is involved;
3. do not fix prices, do not agree discounts or any matters relating to price with your competitors;
4. do not agree to restrict output in any way, or to allocate customers or geographic markets between competitors;
5. do not exchange pricing, how much you plan to produce in the future, customer information or which markets you sell into with your competitors;
6. if you are approached by another business to discuss pricing, allocating customers, bids for contracts or restricting outputs you should raise an objection straight away and keep the evidence and
7. review internal documents, policies and procedures for compliance with the Polish competition law and seek independent legal advice. 

 
Some agreements are not prohibited - if they can be justified as benefiting consumers and the economy as a whole. Usually, it requires legal analysis by the experiment competition lawyers.