Andrzej Madała | In Principle

On 25 October 2024, Poland’s Office of Competition and Consumer Protection (UOKiK) published updated guidelines on the criteria and procedure for notification of intended concentrations. This is the first change to the guidelines since they were published in 2015. The most important change is a more liberal interpretation of the effects doctrine (extraterritoriality), which is expected to reduce the number of foreign concentrations subject to notification in Poland.

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.

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.

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.

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.

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?

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.

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.

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…

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