The President of the Office of Competition and Consumer Protection is conducting an explanatory investigation into the rules for assessing creditworthiness in the banking sector. The authority is examining whether the models used by banks and the Credit Information Bureau, as well as the rules for exchanging information, may have restricted competition in the mortgage loan market.
As part of its activities, UOKiK employees, with court approval and assisted by the police, searched the premises of four entities: the Credit Information Bureau, ING Bank Śląski, mBank and mBank Hipoteczny.
The explanatory proceedings were initiated by UOKiK President Tomasz Chróstny in February 2025. At this stage, the proceedings concern the matter itself and are not being conducted against specific companies.
UOKiK Examines the Rules for Assessing Loan Applicants
The case primarily concerns the rules for assessing creditworthiness when granting mortgage loans. UOKiK is analysing whether the models used by the Credit Information Bureau and banks may be contrary to competition rules.
BIK is a private entity owned by nine commercial banks and the Polish Bank Association. In practice, it plays a key role in the credit risk assessment process, as it collects, processes and provides data on customers’ credit histories from across the credit market in Poland.
Banks use BIK data when analysing whether a customer will be able to repay a liability. However, UOKiK emphasises that both banks and BIK should process and provide only information that is relevant and has a real impact on the assessment of a customer’s ability to repay a loan.
The Number of Credit Inquiries May Affect a Customer’s Assessment
One of the main issues examined by UOKiK is the transfer by banks, through BIK, of information on the number of credit inquiries submitted by a consumer.
Creditworthiness assessments take into account not only repayment history, debt levels, and the number and type of liabilities, but also the number of credit inquiries. In practice, this may mean that a consumer who compares offers from several banks could receive a lower score than a person who applies to only one bank.
According to UOKiK, such a practice may discourage customers from actively looking for the most favourable credit offer. The authority is therefore examining whether a solution that has operated in the banking sector for years may have had a negative impact on competition between banks.
Consumers Should Not Be “Punished” for Comparing Offers
UOKiK President Tomasz Chróstny pointed out that the case is important both for the financial market and for millions of consumers applying for loans, especially mortgages.
“The issues analysed in the proceedings are extremely important both for the functioning of the financial market and for millions of consumers applying for loans, particularly mortgage loans. This requires us to conduct a thorough analysis of the evidence and clarify this matter, which raises many concerns. An informed consumer must not be penalised in any way, through a reduction in creditworthiness, for being active in seeking the best credit offer and terms. We must ensure that the exchange of information in the banking sector serves the market and consumers, without limiting competition between banks,” said Tomasz Chróstny, President of UOKiK.
The authority is therefore examining whether the mechanism for exchanging information within the banking system causes a customer who compares offers to be placed in a worse position than someone who does not check offers from competing banks.
Possible Abuse of a Dominant Position by BIK
At the same time, UOKiK is analysing whether the way BIK collects, processes and provides information on credit inquiries may constitute an abuse of a dominant position.
The authority points out that an undertaking holding a dominant position has a special responsibility for its actions. It may not use its position in a way that is harmful to contractors or consumers.
In this case, it will be crucial to determine whether the scope of information provided to banks is genuinely necessary for assessing creditworthiness, or whether it may restrict consumers’ freedom to choose the most favourable offer.
Why Is UOKiK Conducting Searches?
A search of a company’s premises is one of the tools used by UOKiK in competition protection cases. It is used when the authority suspects that evidence of a legal violation may be located at a given company.
Such action may be carried out only after obtaining court approval. The company is obliged to admit the inspectors to buildings and premises and to provide documents, correspondence and data storage devices.
In the case described, searches were carried out at the premises of the Credit Information Bureau, ING Bank Śląski, mBank and mBank Hipoteczny.
The Proceedings Are at the Explanatory Stage
UOKiK emphasises that the current proceedings are explanatory in nature. This means that they concern the matter itself and are not being conducted against specific entities. At this stage, the authority is collecting and analysing evidence.
If the suspicions are confirmed, the President of UOKiK may initiate antitrust proceedings. If practices restricting competition are found, companies may face a financial penalty of up to 10 percent of turnover.
The case may have significant implications for the entire credit market. It concerns mechanisms that affect the assessment of customers applying for mortgage loans and their ability to freely compare bank offers without the risk of worsening their own credit score.
Source: CEO.com.pl
