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Auchan and Intermarche against the charges of the President of UOKiK. Commercial networks are threatened with high fines

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Auchan Polska and SCA PR Polska (Intermarche) heard allegations of unfair use of contractual advantage against suppliers of agri-food products, the Office of Competition and Consumer Protection announced on Wednesday. Owners of retail chains face a fine of up to 3 percent of annual turnover.

UOKiK announced in a statement that the allegations against Intermarch they concern setting the terms of cooperation during its duration and obtaining discounts, despite the failure to meet the conditions on which their granting was originally conditional.

“The Office found that the network concluded agreements on commercial conditions with suppliers of agri-food products for the next year with a delay, expecting suppliers to take into account the new conditions from the beginning of this year. Thus, suppliers, fulfilling orders in the period from January 1 of a given year to the date of contracts, they were not sure on what terms and conditions the sale would be settled retrospectively. In addition, there were situations in which suppliers were charged with additional discounts not provided for in the original supply contracts.

In addition, the findings of the office indicate that SCA PR Polska (Intermarche) obtained a retrospective rebate from suppliers, even though the turnover value, on which the parties made it conditional in the previous agreement, was not achieved in the given settlement period. “As a consequence of these actions, suppliers were deprived of part of the income they were entitled to from cooperation with the network” – added.

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UOKiK: charges against Auchan and SCA PR (Intermarche) for using contractual advantageUOKiK

Allegations against Auchan

The allegations against Auchan relate to unjustified charging of fees from contractors.

“In the activities analyzed in the course of the explanatory proceedings in 2020-2021, the entrepreneur charged contractors with the costs of transporting goods from warehouses to individual markets, thus transferring part of the costs of running its own core business to suppliers. Moreover, not all suppliers paid the transport fee. exempted from it, despite the delivery of goods also to central warehouses, which may indicate unequal treatment of partners.

What are the penalties for retail chains?

The Office informed that if the allegations against Auchan and Intermarche are confirmed, the owners of retail chains are threatened a penalty of up to 3%. annual turnover.

Main photo source: Adobe Stock



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