President of UOKiK Tomasz Chróstny accused French companies Auchan Polska and SCA PR Polska (Intermarche) of unfair usage of contract advantage towards suppliers of agri-food products. The charges against Intermarche concern the setting of conditions for cooperation during its duration and the obtaining of rebates, despite the failure to meet the conditions on which they were originally subject. Trade network owners are facing a punishment of up to 3% of yearly turnover.
Large retail chains cooperate with many, frequently much smaller, agri-food suppliers. In the relation between the commercial network - the counterparty in many cases there is simply a disparity in the economical potential, which can be utilized by a stronger organization to impose unfavourable conditions on weaker entities. For suppliers of agri-food products, selling to the network is in many cases a condition for further existence. They agree to the conditions of cooperation imposed, without real negotiation.
One of the UOKiK reports afraid rebates collected by commercial networks. He pointed out that unauthorised actions may include obtaining retrospective rebates, despite failing to meet pre-defined conditions. It is besides unacceptable to set the conditions for discounting for another year of cooperation after its initiation, with the work to take account of the fresh conditions retroactively. This kind of practice could be done by SCA PR Polska (the purchasing centre for Intermarche stores). The Authority established that the network had concluded trade conditions agreements with suppliers of agri-food products for another year late, expecting suppliers to take into account fresh conditions since the beginning of that year. Thus, the suppliers, in carrying out the contracts between 1 January of the year afraid and the date of signing the contract, were not certain under what terms and conditions the sale would be re-calculated. Moreover, there were situations where suppliers were subject to additional rebates not provided for in the first supply contracts.
Entrepreneur, farmer! If your large counterparty uses its advantage, usage a peculiar form to facilitate the reporting of irregularities.
Come in and fill out: https://t.co/AFB5T202Pxpic.twitter.com/siyzvFySGV
— UOKiK (@UOKiKgovPL) February 8, 2023
The findings besides show that SCA PR Polska (Intermarche) obtained a retrospective discount from suppliers, although the value of the turnover on which the parties in the prior contract made it conditional was not achieved during the applicable settlement period. Consequently, the suppliers were deprived of part of their income from network cooperation.
Did Auchan and SCA PR Poland (Intermarche) usage their contractual advantage?
If the charges #UOKiK confirmed, the owners of these commercial networks are facing a punishment of up to 3% of yearly turnover.
More https://t.co/sBhwnehEiNpic.twitter.com/joo3CRvT99
— UOKiK (@UOKiKgovPL) February 8, 2023
The second of the published reports of UOKiK afraid sales fees. 1 of the practices described as unfair usage of contract advantage was the request from the supplier for the transportation service of products to store facilities from a central warehouse, despite the fact that central logistics is 1 of the pillars of the modern distribution channel and the success of commercial networks, thus being a natural component of their business model. The president of UOKiK accused Auchan of applying specified practices. In the course of the investigation procedure, between 2020 and 2021, the trader charged the contractors with the costs of transporting goods from warehouses to different markets, thus shifting part of the costs of moving their own core business to suppliers. Furthermore, not all suppliers were charged a transport charge. any were exempt from it, despite the transportation of goods besides to central warehouses, which may indicate unequal treatment of partners. If the charges against Auchan and Intermarche are confirmed, the owners of the commercial networks will face a punishment of up to 3% of yearly turnover.
French companies in Poland pay little taxation than in Russia
It is worth reminding that according to the study of the Association of Entrepreneurs and Employers, French discounts Auchaun and Liroy Merlin in Poland paid microscopic taxes. Auchaun mentioned in 2020 introduced 5 times as much to the Russian budget than to the Polish tax. According to the analysis of the ZPP, between 2012 and 2020 Auchan paid 0.13% of CIT taxation in Poland (PLN 116,5 million), Leroy Merlin - 0.97% (PLN 477 million) and Decathlon - 0.85% (PLN 105,2 million). Auchaun and Liroy Merlin as any of the fewer did not retreat from the Russian marketplace after aggression against Ukraine.
– Maintaining the decision to proceed in Russia feeds the aggressor's budget and generates funds for war activities. This is hard to understand, all the more so, that business in this country is now at tremendous hazard and the purchasing power of Russian consumers is steadily falling. It is not amazing that those who have decided to proceed to operate in this country pay a symbolic CIT in Poland. However, this is an additional reason why urgent improvement of the taxation strategy is needed. Especially since the same entities pay importantly higher amounts to the Russian budget – board associate and manager of the Department of Law and Legislative ZPP Jakub Bińkowski.
As the portal for trade.pl emphasizes, the case of French companies one more time shows how ineffective the Polish taxation strategy is, in peculiar in the area of taxation paid by capital companies. It is indicated that CIT is de facto voluntary as it is paid only by those entities that do not apply taxation optimizations.
Rafal Brzoska, the owner of Inpost, tried to draw attention to the problem, which showed that at PLN 3.46 billion he paid PLN 222 million in income tax. This is 60 million PLN more than they paid Total all courier companies with abroad capital, even though they have achieved 6 times more revenue, due to the fact that PLN 12 billion. Inpost paid PLN 100 million more this year than in the erstwhile year, while any companies had a reduced taxation amount. The U.S. UPS in 2021 showed gross of PLN 1.6 billion and so paid a taxation of PLN 17.5 million, by PLN 5 million little than a year earlier. Disparity is huge.
PiSu politicians have been talking about patriotism for 7 years, but it is hard to see. Currently, Polish companies pay the biggest taxes, and those belonging to abroad capital groups bear inadequately low costs, but do not pay taxes at all and do not contribute to the Polish treasure. Rafał Brzoska could always registry his business in a taxation paradise, like Cyprus or Luxembourg, as Polsat did, but decided to show economical patriotism and stay in the country.
nationalists.net/ukik.pl♪ Oh, yeah ♪== sync, corrected by elderman ==
