What 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
| Code | Standard | Ideal fix time |
|---|---|---|
| KON-01 | No price-fixing | Immediate |
| KON-02 | No market sharing | Immediate |
| KON-03 | Dealer free to set prices | 30 days |
| KON-04 | Fair tenders | Immediate |
| KON-05 | No information exchange | 30 days |
| KON-06 | Ready for a UOKiK search | 30 days |
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.
