Elżbieta Delert-Wiącek’s commentary for the dlahandlu.pl portal

Can liability for competition law violations also apply to cooperation with external companies?

In an article published on the dlahandlu.pl portal, Elżbieta Delert-Wiącek – Advocate and Director of the Intellectual Property Law Department at Sadkowski and Partners, provided a commentary regarding the latest UOKiK decision concerning Jeronimo Martins Polska.

The case involves, among other things, an agreement between carriers serving Biedronka’s distribution centers and the restriction of competition for drivers. As our expert points out, from a competition law perspective, not only the formal relationship between entities can be of key importance, but also the organization of cooperation and daily practices.

According to UOKiK, Jeronimo Martins Polska organized an agreement among carriers who were supposed not to compete for drivers. The Office established that a driver changing carriers without the consent of their previous employer was temporarily blocked at the distribution center. The retail chain was meant to enforce these rules and mediate the exchange of information. The legal conclusion is significant: the argument “they are not our employees” does not exclude the chain’s liability for its own participation in such an agreement, points out Elżbieta Delert-Wiącek.

The expert also emphasizes that businesses should analyze not only signed contracts, but also ongoing practices, information exchange, and decision-making processes.

We encourage you to read the full article: link