Investigation into Grain Silo Price Hike Sparks Antitrust Scrutiny
The Polish competition authority has launched an investigation into potential anticompetitive practices following a price increase in grain silos after a government subsidy announcement.
23.08.2023 |
The President of the Polish competition authority, Tomasz Chróstny, has initiated an explanatory proceeding to investigate whether the recent rise in grain silo prices was the result of an illegal anticompetitive agreement. This inquiry follows the announcement of a subsidy program by the Ministry of Agriculture and Rural Development in April 2023, aimed at supporting the purchase and construction of agricultural storage infrastructure.
As part of the investigation, officials from the authority, with court approval and police assistance, conducted searches at the premises of two companies: BIN from Aleksandrów Kujawski and Michał P. Targoński spółka komandytowa from Wysokie Mazowieckie. The aim is to determine if there was any price-fixing or exchange of confidential information among competitors in the market.
President Chróstny emphasized that colluding on prices or sharing pricing information constitutes a violation of competition law. He stated that businesses should independently calculate the prices at which they offer their products. The current investigation is focused on gathering evidence, and if suspicions are confirmed, an antitrust proceeding will be initiated against specific entities.
Involvement in an anticompetitive agreement can lead to significant financial penalties, up to 10% of a company's turnover. Additionally, managers responsible for such collusion may face fines of up to 2 million PLN. However, companies can avoid severe sanctions through a leniency program, which offers a chance to reduce or eliminate fines in exchange for cooperation with the authority as a whistleblower.
The competition authority encourages interested companies and managers to reach out for more information about the leniency program, providing a dedicated phone line for inquiries.
