Decision of the OCCP regarding the proceedings for recognising the provisions of the standard agreement as abusive and the imposition of a fine on Allegro sp. z o.o.
Legal basis: Article 17 sec. 1 of the MAR - inside information
Acting pursuant to Article 17(1) of Regulation (EU) No. 596/2014 of the European Parliament and of the Council of 16 April 2014 on market abuse (market abuse regulation) and repealing Directive 2003/6/EC of the European Parliament and of the Council and Commission Directives 2003/124/EC, 2003/125/EC and 2004/72/EC ("MAR"), the Board of Directors of Allegro.eu (the "Company", "Allegro.eu") hereby gives notice that on 29 December 2022 it became aware that Allegro sp. z o.o. ("Allegro PL") was delivered a decision issued by the President of the Office of Competition and Consumer Protection (the "OCCP") on 29 December 2022, imposing a fine on Allegro PL in the amount of (i) PLN 1,221,747 for violations related to Allegro T&C (as indicated below); and (ii) PLN 2,748,930 zł for violations related to Smart! T&C (as indicated below), i.e., in total a fine in the amount of PLN 3,970,677 for the violation of the Act on Competition and Consumer Protection of 16 February 2017 (Journal of Laws of 2019, item 1145) consisting in the implementation by Allegro PL in the terms and conditions for the provision of services governing the rules of operation of the Allegro PL marketplace ("Allegro T&C") and in the terms and conditions of the Smart! Programme ("Smart! T&C") of modification clauses allowing for a unilateral introduction by Allegro PL of amendments to these terms and conditions (the "Decision").
According to the Decision, the implementation by Allegro PL of provisions which were found to be abusive contractual provisions consisted in Allegro PL's being able to unilaterally change the conditions of the Allegro T&C and Smart! T&C. According to the Decision Allegro PL’s actions exploited its stronger position against consumers by implementing abusive provisions in the standard agreements, which resulted in a disproportion of rights and obligations to the disadvantage of consumers.
This Decision ends the antitrust proceedings instigated by the OCCP against Allegro PL in September 2020, regarding the potential recognition of the provisions of the standard agreement as abusive, through the implementation by Allegro PL of modification clauses.
Allegro PL will review the justification of the Decision and take actions to overturn it. Allegro.eu indicates that currently the Decision is not final and the fine imposed by it is not payable. Allegro PL has the right to appeal against it to the Court of Competition and Consumer Protection within one month from the date of delivery thereof. The Decision will become final only in the absence of the above-mentioned appeal or after the final conclusion of the court proceedings.
Allegro.eu is a Luxembourg joint-stock company (société anonyme), address of the registered office: 1, rue Hildegard von Bingen, L – 1282 Luxembourg, Grand Duchy of Luxembourg, R.C.S. Luxembourg: B214830.