AutoSmart GuidebooksWhat this guidebook covers
Following the importer's rules does not protect the dealer. In October 2024, UOKiK (the Office of Competition and Consumer Protection) fined Kia Polska and 11 dealers PLN 405 million in total for price-fixing and market sharing between 2013 and 2021. One dealer paid PLN 27 million. The law allows fines of up to 10% of turnover, and up to PLN 2 million for managers personally.
This guidebook covers the 6 competition standards every dealer network should audit, with 15 checkpoints: no price-fixing, no market sharing, the dealer's freedom to set prices, fair tenders, no exchange of information, and readiness for a UOKiK search. The guidebook PDF is in Polish.
The 6 competition standards
Open a standard to see the law behind it, what is checked, what it can cost and the evidence. Ideal fix times are counted from audit submission.
KON-01No price-fixingImmediate
- The law
- Competition and Consumer Protection Act of 16 February 2007 · art. 6(1)(1): fixing prices and terms of sale
- What we check
- The dealer never agrees car prices, discounts, service prices or fees with competitors, formally or informally.
- What it can cost
- Up to 10% of turnover for the company and up to PLN 2 million for the manager.
- Evidence
- Training + contact log
KON-02No market sharingImmediate
- The law
- Competition and Consumer Protection Act of 16 February 2007 · art. 6(1)(3): sharing sales markets
- What we check
- Dealers don't split regions or customers (such as fleets) between themselves and don't send customers on to the "right" dealer.
- What it can cost
- Market sharing is collusion: up to 10% of turnover.
- Evidence
- Enquiry log
KON-03Dealer free to set prices30 days
- The law
- Competition and Consumer Protection Act of 16 February 2007 · art. 6: imposing resale prices (RPM)
- What we check
- The importer may recommend prices, but the dealer decides its own selling price. Importer pressure for minimum prices is recorded and reported.
- What it can cost
- A fine for both parties to the agreement, the importer and the dealer.
- Evidence
- Correspondence
KON-04Fair tendersImmediate
- The law
- Competition and Consumer Protection Act of 16 February 2007 · art. 6(1)(7): bid rigging
- What we check
- Bids in fleet and public tenders are prepared independently, with no contact with other bidders.
- What it can cost
- Up to 10% of turnover, criminal liability and exclusion from tenders.
- Evidence
- Tender records
KON-05No information exchange30 days
- The law
- Competition and Consumer Protection Act of 16 February 2007 · art. 6: concerted practices and exchange of sensitive information
- What we check
- At dealer council and association meetings nobody exchanges information on future prices, margins or pay.
- What it can cost
- Treated as an agreement: up to 10% of turnover.
- Evidence
- Minutes
KON-06Ready for a UOKiK search30 days
- The law
- Competition and Consumer Protection Act of 16 February 2007 · art. 105a ff.: UOKiK inspections and searches · fines for obstruction
- What we check
- Management has had competition law training, and the company has a procedure for a UOKiK inspection (who to call, no destroying documents).
- What it can cost
- For obstructing an inspection: a fine of up to 3% of turnover.
- Evidence
- Training + procedure
How to run a Polish competition law compliance audit, step by step
- Confirm what applies. Identify contact with rivals (dealer councils, associations, messaging groups) and the fleet and public tenders you bid for. Agency agreements with the importer may follow different rules: take legal advice on specific contracts.
- Walk the site, standard by standard. Score each of the 15 checkpoints Pass, Fail or N/A. N/A only where the standard rules it out, with the reason recorded. Review 5 tenders, pricing decisions, refused sales and meeting minutes, and ask reception what they would do if UOKiK arrived.
- Capture the evidence. A pass counts only with proof captured at the time of the audit: training records, the log of contacts with competitors, the enquiry log, importer correspondence, tender files, meeting minutes and the inspection procedure.
- Give every fail an owner and a fix time. Record what you saw and who owns the fix. Each standard carries an ideal fix time, from immediate to 30 days, counted from audit submission (see the table above).
- Fix it, then prove it. The site fixes the cause and uploads proof of closure; the auditor checks the proof before closing the finding.
- Re-check at the next audit. Confirm closed findings stay closed, and look for the same fail at your other sites so one gap doesn't repeat across the network.
Who this guidebook is for
- Boards and owners: the personal and company risk
- Sales and fleet managers: what must never be agreed with rivals
- Auditors: meetings, tenders and importer relations to check
A reference document, not legal advice. Fines and rules change: check the current text with the regulator or your legal adviser before acting.
