Searches in Lidl. The Office of Competition and Consumer Protection is investigating possible competition-restricting collusion
The inspection covered Lidl and transport companies: Omega Pilzno, companies belonging to the Van Group (Van Cargo, Kurier and Podlasie), Transport and Forwarding Company Zbigniew Ratajczak and Dar-Pol Dariusz Kulesza.
According to the preliminary findings of the Office of Competition and Consumer Protection, carriers serving Lidl's distribution centers could have agreed not to employ drivers coming from competing companies participating in the same logistics system. Such actions could limit competition for employees and reduce their ability to negotiate better employment conditions.
The office is also investigating whether Lidl could have played a role in maintaining such a mechanism. One of the issues analyzed is the possibility of blocking access to distribution centers for drivers who were previously employed by another carrier cooperating with the network. The Office of Competition and Consumer Protection is also interested in relations between larger transport companies and their subcontractors.
— Agreements restricting competition in the labor market are illegal and may lead to a deterioration of the situation of employees. In such conditions, companies have less incentive to increase salaries or offer additional benefits – emphasizes the president of the Office of Competition and Consumer Protection, Tomasz Chróstny. He adds that during the searches, documents and materials were secured and are currently being analyzed.
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The Office of Competition and Consumer Protection is waiting for “crown witnesses”
For now, the proceedings are of an explanatory nature, which means that the office has not yet brought charges against specific entities. If the collected evidence confirms the suspicions, the Office of Competition and Consumer Protection may initiate formal antitrust proceedings.
Entrepreneurs face penalties of up to 10% for participating in an unauthorized agreement. annual turnover, while managers responsible for concluding the collusion may be fined up to PLN 2 million.
At the same time, the Office reminds about the functioning of the leniency program, i.e. a mechanism for mitigating penalties for participants in illegal agreements who decide to cooperate with the authority and provide information or evidence regarding the collusion. In certain cases, the program allows you to significantly reduce sanctions or even avoid them altogether.
It can be used provided that you cooperate as a “crown witness” with the President of the Office of Competition and Consumer Protection and provide evidence or information regarding the existence of an prohibited agreement.
