UOKiK initiated proceedings against the Polish Post. She tried to eliminate competitors from the market? – Business Law and Commercial Law – GazetaPrawna.pl



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UOKiK's communication indicates that Poczta Polska (PP) has the status
designated operator and is obliged to provide universal services
mail. This means that he has the exclusive right to serve
shipments, for example letters up to 2 kg, including referrals.

"For other (non-universal) postal services, the PP must
compete with other entities. He can then appear in a dual role –
competitor and entrepreneur because independent contractors
often use its infrastructure to provide postal services over
the thing of their customers "- pointed out the Office.

UOKiK will check if the company uses its position for
eliminate competitive entrepreneurs from the market. His doubts
they raise the conditions of the contracts that PP concludes with its contractors who
they provide non-standard postal services.

The Office stated that, for example, the contractor must provide information
on the customers for whom it provides the service. Have these
given by PP, it does not appear at the handover stage
and can help remove customers from competitors.

"There is also no fixed price list for services.
each time individually. This, in turn, may mean that an independent contractor providing postal services can not immediately offer
valorization of postal services for their customers. This can be negative
affect its attractiveness as a trading partner. Furthermore
the contractor Poczta Polska must specify the number in advance
sent parcels in a given billing period. If there will be
least, even by an expedition, the price of everything can go up to
the rate offered for small volumes of emissions "- writes in
Communication

The Office indicated that, in accordance with the anti-monopoly law,
entrepreneurs who have a dominant position in a given market,
it can be used to restrict competition.

"We will check if this is the case
and an attempt to eliminate competitors. Lack of competition usually means
higher price and lower quality of products or services – he said, quoted in
communication, President of UOKiK Marek Niechciał.

According to the law, the sanction for abuse of dominance may amount to
up to 10 percent business turnover of the trader. All procedures do not end
monetary sanction. In justified cases, the President of the Office may
to force the entrepreneur to change his practices

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