Polish Competition Authority loses appeal in watch retail distribution case

• 23/02/2017
• Articles

On 22 February 2017, it was reported that the Warsaw Court of Appeal (“Court”) dismissed an appeal brought by the Polish Competition Authority (“UOKiK”) against an earlier first instance ruling that overturned UOKiK’s decision to impose a fine on Polish company Jubiler for entering into a price-fixing agreement with watch retailers on the Polish market for the distribution of watches. UOKiK had found that Jubiler entered into an anticompetitive agreement with unspecified distributors of watch brands Hugo Boss, Tommy Hilfiger, Kenneth Cole, and Roamer, which included provisions fixing minimum selling prices both online and through traditional distribution channels. UOKiK imposed a fine of 819,000 PLN (approximately €190,450) on Jubiler, which was subsequently annulled at first instance. The Court upheld the annulment of UOKiK’s decision on the grounds that UOKiK failed to clearly define the entities involved in the agreement since its decision only related to Jubiler.