Andrzej Madała
Control of foreign investments in Poland: The competition authority’s current procedural guidance
23.05.2024
M&A, competition
On 9 May 2024, the Office of Competition and Consumer Protection (UOKiK) published updated guidance on notifications to the regulator and conducting proceedings under the Control of Certain Foreign Investments Act. The amended provisions of the act, which significantly expanded the scope of its application, entered into force almost four years ago, in July 2020. At that time, the regulator was granted additional powers to protect Polish companies deemed vital for public order, security or health (as we discussed in the article “Control of certain investments: new protective provisions”). The regulator published its first guidance on the new rules in 2022.
Control of concentrations of undertakings receiving foreign subsidies: New powers of the European Commission
16.11.2023
competition
In recent years, new EU legislation has appeared addressing the influence of third countries on proper functioning of the internal market, including a mechanism for examination and control by the Commission of subsidies granted by third countries for planned economic activity in the EU of publicly or privately owned undertakings. The new rules also involve control of concentrations within the EU.
New president and priorities of Polish competition authority
27.04.2020
competition, coronavirus
The new president of the Office of Competition and Consumer Protection plans to reinforce the regulator’s activity aimed at preventing negative market impacts. His priority will be elimination of harmful practices—not necessarily punishment. Proceedings are to be conducted faster and more efficiently. There will also be many internal changes at UOKiK.
Anti-Crisis Shield and UOKiK proposals for (temporary) tough times
02.04.2020
competition, coronavirus
The amendment to the Anti-Crisis Act includes proposals drafted by the Office of Competition and Consumer Protection (UOKiK), intended to increase the financial security of households, ensure access to vital goods and services, and combat price speculation and unjustified increases.
How fines are calculated for failure to notify a concentration
10.03.2016
competition
The potential fine for carrying out a concentration without obtaining the required approval of the president of the Office of Competition and Consumer Protection (UOKiK) is up to 10% of the annual turnover of the enterprise, even if the failure was not wilful. A manager or board member who fails to make a required notification may have to pay as much as PLN 200,000. But what circumstances does the competition authority consider when determining the amount of the fine?
Proposed changes in merger control regulations
12.11.2013
competition, M&A
On 15 May 2012, the Polish competition authority published a white paper proposing amendments to the Act on Competition and Consumer Protection of 16 February 2007.
A year of merger bans?
10.02.2011
competition
When defining the relevant market for the merger of Empik and Merlin, the Polish competition authority did not give sufficient consideration to the time factor.
PGE will not acquire Energa
20.01.2011
energy, competition
Even though PGE argued that its acquisition of Energa would have positive effects, such as increased national energy security for Poland, the Polish competition authority found that any benefits would not outweigh the restrictions…
When can a corporate concentration be blocked?
23.09.2010
competition
The Polish Office of Competition and Consumer Protection (UOKiK) must be notified of intended corporate mergers and acquisitions. The president of UOKiK typically grants approval, but companies need to recognise the risk of refusal or conditional approval