The President of the Office of Competition and Consumer Protection (UOKiK), Tomasz Chróstny, has imposed a total of PLN 339.08 million in fines on eight companies and two individuals for participating in a market-sharing cartel involving the sale of agricultural machinery brands New Holland, Case, and Steyr. According to the authority’s findings, the companies divided the market by limiting sales to designated territories and coordinating pricing conditions, effectively eliminating competition among dealers.
UOKiK determined that farmers were deprived of the ability to compare offers for more than 11 years freely. In practice, they could not purchase machinery from dealers of their choice or obtain more competitive prices—even when they themselves approached a dealer operating outside their “assigned” region.
The mechanism: asking about location and “redirecting” customers
UOKiK explains that farmers interested in buying a tractor or combine harvester often tried to collect offers from several sellers in order to choose the most favorable one. In many cases, however, the conversation began with a question about the customer’s place of residence or the location of their farm. If the customer was outside the dealer’s designated area, they were either redirected to the “local” dealer or presented with a clearly higher price.
According to the authority, this was part of a coordinated agreement restricting competition. Evidence in the case reportedly included email correspondence secured during inspections. Quoted excerpts suggested that selling outside one’s territory “without consultation” could lead to “unpleasant consequences,” and that a farmer from another region should be offered a price “with an increased margin” so as “not to disrupt the market.”
Restricting “passive sales” and price coordination
UOKiK emphasizes that the illegal agreement also involved restricting so-called passive sales—situations in which a customer independently contacts a dealer outside their assigned region. Instead of competing for the customer, dealers allegedly redirected them to the appropriate seller or “adjusted” the offer upward.
Price coordination was meant to reinforce the market division: a farmer attempting to obtain a better deal outside their region would receive a higher offer, thereby preventing price pressure on the “local” dealer.
The role of CNH Industrial Polska and dealer involvement
According to UOKiK, a leading role in the cartel was played by CNH Industrial Polska, the manufacturer and distributor of New Holland, Case, and Steyr agricultural machinery. The authority states that CNH allegedly acted as an intermediary, passing on information about customers who requested offers from dealers outside their designated areas, and urged dealers not to submit offers or withdraw from negotiations.
The evidence also suggests that dealers themselves were active participants in the agreement: they shared information about “customers from another territory,” requested the withdrawal of offers, and reported breaches of the arrangements by other sellers to CNH.
Fines totaling PLN 339.08 million
UOKiK reported that the total amount of fines imposed is PLN 339,080,125, including:
- CNH Industrial Polska – PLN 241,599,000
- Raitech – PLN 24,391,000
- PHU Perkoz – PLN 23,778,000
- Adler Agro – PLN 15,335,000
- Rolserwis – PLN 13,356,000
- Pol-Agra J. Korneluk, T. Rzeszowski – PLN 8,249,000
- Kisiel Agrotech – PLN 6,778,000
- Kisiel – PLN 5,341,000
In addition, managers directly responsible for the cartel were fined:
- Piotr Wiak – PLN 103,125 (manager at CNH during the cartel period)
- Jacek Grajewski – PLN 150,000 (manager at Perkoz during the cartel period)
The decision is not final and may be appealed to a court.
Farmers may pursue civil claims
UOKiK reminds that anyone who suffered damage as a result of a breach of competition law may bring a civil lawsuit for damages against the entities participating in the illegal agreement (so-called private enforcement). The legal basis is the Act in force since 2017 on claims for compensation for damage caused by infringements of competition law.
