The European Commission has asked Poland’s Office of Competition and Consumer Protection (UOKiK) to examine the acquisition of the nation’s gas monopolist PGNiG by the country’s largest refiner PKN Orlen.
According to UOKiK, the participants in a transaction may request the European Commission to examine the transaction if it was likely to significantly impact competition in a given country.
Orlen recently acquired Ruch, a company that owns press outlets, postal and courier services, as well as media group Polska Press, which owns many local press titles. The country’s largest refiner is also in the process of fusing with the second-largest state-owned fuel company, Lotos. These acquisitions have all been cleared by the European Commission.
In the second half of last year, it was reported that Orlen is also planning to take over PGNiG. The European Commission examines transactions when the combined worldwide turnover of all companies involved exceeds €5 billion (US$5.88 billion) and the combined Community-wide turnover of each of at least two companies involved is more than €250 million (US$294.16 million).
As a rule, UOKiK’s president has jurisdiction over concentrations that have or may have effects in Poland and which do not have a Community dimension.
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