Poland: UPC fined for prohibited clauses

The Office of Competition and Consumer Protection (UOKiK) received complaints about UPC Polska unilaterally turning off certain channels and increasing its subscription fees. Therefore, the President of UOKiK analysed the T&Cs and contractual templates and issued a decision finding the clauses used by UPC Polska to be prohibited.

The President of UOKiK found clauses concerning the following issues to be illegal: UPC Polska guaranteed only a number of TV channels on a certain subject matter and not specific channels indicated on the list. This was because the operator granted itself the right to change channels freely and unilaterally and could remove them during the term of the contract, as confirmed by consumer complaints. Many people chose UPC’s offering because of the availability of specific channels. Subsequently they were turned off.

The penalty for the use of prohibited clauses amounted to almost PLN 33 million (US$8.5 million). The President of UOKiK ordered UPC Polska to inform its consumers about the decision and to reimburse fees resulting from subscription increases or unjustified technician callouts. The entity should also restore cancelled TV channels to customers if they are still available in its offer.