The President of Poland’s Office of Competition and Consumer Protection, UOKiK, has imposed fines totalling nearly PLN 136 million on nine companies and five managers. According to the authority’s findings, AGCO and dealers selling Valtra, Fendt and Massey Ferguson machinery divided the market among themselves and exchanged pricing information for 11 years. The decision is not final and may be appealed in court.
The proceedings concerned an arrangement which, according to the President of UOKiK, operated from 2012 until 2023. It initially covered the sale of Valtra machinery and was extended in 2018 to include Fendt and Massey Ferguson equipment. In the case of the first two brands, the arrangements allegedly also covered spare parts.
Dealers Allegedly Divided Poland into Sales Territories
According to UOKiK, the participants agreed which dealer would serve customers in particular parts of the country. A farmer interested in purchasing a tractor, combine harvester or other machine from a seller outside their designated region was allegedly referred back to the local dealer.
Where another seller decided to submit an offer, its terms were reportedly made deliberately less favourable. Dealers contacted one another and exchanged pricing information to prevent customers from receiving a better offer outside their region. In some cases, sellers refused to prepare an offer altogether.
In the authority’s view, the mechanism restricted farmers’ ability to compare prices and choose their supplier independently. Competition between dealers was allegedly only apparent because the terms of sale had been coordinated in advance.
“Farmers were assigned to a particular seller, and if they wanted to purchase a tractor or combine harvester from another dealer, they were discouraged by even higher prices,” said Tomasz Chróstny, President of UOKiK.
AGCO Allegedly Supervised the Arrangement
AGCO played a central role in the distribution system, placing Valtra, Fendt and Massey Ferguson machinery on the Polish market and distributing it at wholesale level.
According to UOKiK’s findings, the company was not only aware of the territorial division of the market but also intervened when a dealer attempted to sell machinery to customers from an area assigned to a competitor.
Initially, AGCO allegedly issued written warnings to dealers. At a later stage, it also used its discount policy, including withdrawing discounts from sellers that offered machinery to customers outside their designated territories.
The company also allegedly transferred customers between dealers, monitored their activities and resolved disputes concerning the servicing of individual farms.
The evidence collected by the authority included electronic correspondence secured during searches conducted in 2023. According to the messages, dealers informed one another about customers contacting sellers outside their region and asked competitors not to submit offers to them.
Nine Companies Covered by the Decision
In addition to AGCO, the decision covered eight agricultural machinery dealers. Fendt and Valtra machinery was sold by Agrotechnik, Agronom, Agravis Technik Polska and Agrolmet.
Massey Ferguson machinery was offered by Agro-Marek, Lukpol Agro, Agrimar and Euromasz.
The highest fine, amounting to PLN 82.7 million, was imposed on AGCO. Agrolmet was fined PLN 16.8 million, Agravis Technik Polska PLN 12.3 million, and Agrotechnik more than PLN 10.4 million.
The remaining dealers received the following fines:
- Agronom – PLN 3.858 million,
- Euromasz – PLN 3.612 million,
- Lukpol Agro – PLN 2.411 million,
- Agrimar – PLN 1.971 million,
- Agro-Marek – PLN 909,000.
Five managers whom UOKiK considered personally responsible for the operation of the arrangement were also fined.
Three AGCO representatives received penalties ranging from PLN 137,800 to PLN 208,300. A manager at Agronom was fined PLN 191,300, while an Agrimar representative received a penalty of PLN 148,800.
The exact combined value of all sanctions amounted to PLN 135,835,906.25.
Agrotechnik Cooperated with UOKiK
Agrotechnik submitted an application under the leniency programme and provided the authority with additional evidence concerning the division of the market.
UOKiK did not waive the penalty entirely because the company began cooperating only after the preliminary investigation had been launched, when the authority already possessed initial evidence indicating that an arrangement may have existed.
However, due to the significance of the information provided, Agrotechnik’s fine was reduced by 50%.
The leniency programme allows participants in an unlawful agreement to obtain full immunity from a fine or a reduction in the penalty if they cooperate with the competition authority and provide material evidence.
Decision May Be Appealed
The decision issued by the President of UOKiK is not final. The companies and individuals concerned may appeal to the Court of Competition and Consumer Protection.
Companies participating in an agreement restricting competition may be fined up to 10% of the turnover generated in the year preceding the imposition of the penalty. Managers who intentionally contribute to an infringement of competition law may face fines of up to PLN 2 million.
This is another UOKiK decision concerning the distribution of agricultural machinery. In December 2025, the authority announced penalties in cases involving the distribution of Claas equipment and machinery sold under the New Holland, Case and Steyr brands.
In those proceedings, the practices challenged by UOKiK also included the territorial allocation of customers and restrictions on competition between dealers.
Source: CEO.com.pl
