Polish Antitrust Authority Investigates Possible Return of Cement Cartel

Warsaw, 9 June 2025 — The President of Poland’s Office of Competition and Consumer Protection (UOKiK) has launched a preliminary investigation into a suspected resurgence of cartel behavior among cement producers. Acting on signals of possible anti-competitive conduct, UOKiK officials—accompanied by police and with court approval—searched the offices of six major cement companies operating in Poland.

The investigation seeks to determine whether producers have once again formed a price-fixing and market-sharing cartel—similar to the one dismantled in 2009, when seven cement firms controlling nearly 100% of the market were found to have colluded for over a decade.

“A return of the cement cartel would be especially troubling given that cement is a fundamental construction material essential to housing, infrastructure, and the broader economy,” said UOKiK President Tomasz Chróstny. “Lack of competition and elevated cement prices could seriously hinder the delivery of strategic development projects in Poland. We are carefully reviewing the evidence collected during the searches.”

The suspected cartel could involve coordinated price increases and the allocation of customers between competitors, making it difficult for buyers to obtain competitive offers or switch suppliers. If confirmed, such practices would constitute a serious breach of competition law.

The companies searched include Holcim Polska (formerly Lafarge), Cemex Polska, Dyckerhoff Polska, Cement Ożarów, Górażdże Cement, and Górażdże Beton. The materials collected are currently under analysis.

Some of the companies challenged aspects of the searches, arguing that documents produced by board members who also hold legal qualifications should be protected by legal professional privilege. However, UOKiK rejected this claim, stating that board members cannot be considered independent legal advisers. A first-instance court upheld UOKiK’s position, dismissing the complaints as unfounded, though the rulings are not yet final.

The current proceedings are explanatory in nature—conducted in the interest of clarifying whether a violation may have occurred, rather than targeting specific companies. If sufficient evidence emerges, UOKiK may initiate formal antitrust proceedings and bring charges.

Firms found guilty of participating in a cartel can face fines of up to 10% of their annual turnover. Individual managers responsible for the conduct risk personal fines of up to PLN 2 million (approx. EUR 450,000).

Source: https://uokik.gov.pl/powrot-kartelu-cementowego-prezes-uokik-wszczyna-postepowanie-i-zleca-przeszukania

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