On 21 September 2026 the president of UOKiK imposed a full of PLN 904.97 million penalties on 4 companies from Neuca and Farmacol groups. According to the office, the largest wholesalers exchanged delicate data and reduced competition for over a decade. Conditions for pharmacies and prices paid by Polish patients were at stake. The decision is not final.
More than 70% of the marketplace under the control of the office
The case concerns entities that had real strength to form the Polish pharmacy market. Neuca, Farmacol and the Polish Pharmaceutical Group are among the largest wholesale pharmaceutical sellers in the country. According to the office, in 2015-2022 their combined share in wholesale drug sales exceeded 70%. With specified concentration, the way respective companies compete affects thousands of pharmacies and yet the wallets of millions of patients.
According to the UOKiK message Neuca and the Polish Pharmaceutical Group have utilized the contested mechanics since October 2015. The companies from the Farmacol group were to join in January 2017. The deal lasted over a decade. UOKiK considered that traders exchanged information on current drug prices, sales volumes and commercial conditions offered to individual pharmacies.
Data from thousands of pharmacies alternatively of fair competition
The mechanics described by the office was simple and threatening to competition. Wholesalers offered drugstores, including discounts, training and marketing support, and in return obtained access to their purchases. Information from thousands of establishments allowed to see what the pharmacy was buying from its competitor, at what price and under what conditions.
In a average economy, the entrepreneur does not know the details of the rival's offer. It must so search a lower price, higher discount, more efficient transportation or better conditions of cooperation. UOKiK stated that access to delicate data allowed wholesalers to measure erstwhile a tiny simplification was adequate and erstwhile the price did not gotta fall at all. alternatively of a sharp fight for a pharmacy, there was an chance to adjust the offer to conditions known from above.
This shows an crucial fact about the economy. The free marketplace requires real competitionNot the very presence of respective private signs. If the biggest players halt competing the price, the cost is moved down the chain. First, the pharmacy feels weaker, then the bill goes to the patient.
Accurate amounts of penalties
The full amount of sanctions amounted to PLN 904,969,744.47. On Neuka was charged PLN 499,037,763.85 penalties, on Farmacol-Logistics PLN 400,532,440, on Farmacol PLN 3,488,520, and on the planet of wellness PLN 1,911,020.62. The law allows for a punishment of up to 10% of the yearly turnover of the entrepreneur to be imposed for an agreement limiting competition.
The Polish Pharmaceutical Group avoided financial sanctions. It took advantage of the leniency programme, provided evidence to the Authority and cooperated in the proceedings. This mechanics is intended to break the solidarity of the participants in the unauthorised agreements: a company that reveals the practice early adequate and helps to prove it can get a full exemption or a simplification in the penalty.
The decision was given a affirmative opinion by the European Commission on the qualification of the body's practice and arguments. This, however, does not close the courts. The decision of the president of UOKiK is not valid and the defendants are entitled to appeal to the Court of Competition and Consumer Protection.
Neuca announces the appeal
Neuca reported in the current study that she disagrees with the allegations in full and intends to challenge the decision. The company indicated that the final amount of the punishment and the time limit for payment of the punishment would be fixed after the appeal procedure was completed and the final judgement was given. This position must be noted, due to the fact that at this phase we have the decision of the administration, not the final judgement of the court.
However, the scale of the case does not let her to be treated as a average corporate dispute. Drugs are a peculiar good. A sick man frequently cannot postpone his acquisition or wait for a better offer. The State is so required to guarantee that operators controlling a crucial part of the distribution do not restrict the price freedom of pharmacies. The portal has already described other activities of the OCCC to defend the weaker organization to the contractBut here the social burden is highly heavy.
For Poland, the stake is clear: drug safety does not end in the supply of preparations and efficient deliveries. It besides includes fair rules, a transparent marketplace and real force to lower prices. If the findings of the office stay before the court, this will prove that the patient has borne the cost of weakened competition for years. A strong state should defend the citizen right where the advantage of large capital over a single man is greatest.
Sources: Office for Competition and Consumer Protection, Current study Neuca S.A., Kresy.pl.
