In a letter published by the councillor, Tomasz Mirowski, a legal adviser in UOKiK’s Competition Protection Department, declared that although the president of UOKiK currently found insufficient grounds to inspect fuel stations in Bolesławiec within the scope of his statutory powers, the authority would also monitor the activities of fuel-sector businesses in our city from the perspective indicated by the councillor.

We regularly write in our articles that average fuel prices in Poland are just over PLN 6, while in Bolesławiec they are considerably higher than the average.

In September 2024, new average fuel prices in Poland were published on the e-petrol.pl website. The average retail price of 95-octane petrol at fuel stations across the country is PLN 6.03, while diesel costs PLN 6.05. In our region (apart from Bolesławiec and Bolesławiec County), there are already many stations offering prices well below PLN 6 per litre. Unfortunately, prices in Bolesławiec remain high. Driving a dozen or so kilometres beyond the City of Ceramics, fuel is several dozen groszy cheaper per litre.

Therefore, UOKiK’s declaration that it will look into the situation in Bolesławiec offers little comfort, especially when we read the explanation from the UOKiK legal adviser, who clearly states that there are no grounds in Bolesławiec to suspect price-fixing.

(…) we indicate that an agreement restricting competition may exist only when at least two independent businesses have agreed on the prices they offer. To prove price-fixing, it is therefore necessary to demonstrate the existence of direct or indirect contacts between competitors concerning the coordination of their respective market conduct.

Price-fixing must be distinguished from so-called parallel conduct by businesses, consisting of consciously adapting to market conditions, including competitors’ conduct, but without any element of agreement. In view of the above, the mere fact that fuel is sold at high and similar prices is not sufficient to establish price-fixing.

It should be explained that differences in fuel prices between operators active in individual local markets are a fairly common phenomenon and do not necessarily result from an unlawful agreement restricting competition. Under the applicable regulations, fuel prices at petrol stations must be clearly and visibly displayed not only on the pumps but also on pylons, making this information legible not only to buyers but also to nearby competitors monitoring it and adapting their pricing policies to the conduct of other entities. Such an adaptive response may be immediate and lawful, without the need to exchange information or jointly set prices.

(…) We also explain that although the high fuel prices described in the message may be felt by Bolesławiec residents, as mentioned above, UOKiK is not the authority responsible for regulating price levels. The competition authority cannot influence businesses’ pricing policies as long as those policies do not constitute an antitrust infringement defined by the provisions of the Act on Competition and Consumer Protection. Otherwise, such actions by the president of UOKiK could be considered unjustified interference in the constitutionally guaranteed freedom to conduct business (…)”.
Councillor Urszula Magryś shared the full UOKiK letter on her official Facebook profile.