The President of UOKiK has cleared setting-up a new enterprise by P4, Polkomtel, PTC and Centertel. It will participate in a tender announced by the President of the Office of Electronic Communications (UKE) for operating mobile television in DVB-H standard.

In August this year the four largest mobile phone operators in Poland notified UOKiK about their intention to set up a new enterprise which would operate on the wholesale market of audiovisual multifunctional services (mobile television). P4, Polkomtel, PTC and Centertel jointly hold almost 100% of the domestic market of services provided via public mobile telephone networks; the share of other enterprises is marginal.

As a result of the transaction the applicants (P4, Polkomtel, PTC and Centertel) will each hold 25% of votes at the shareholder’s meeting of the newly created enterprise, whose name and address have not been determined yet. To undertake its activity the company needs to win the tender announced by the President of UKE for the reservation of frequencies making it possible to provide mobile television services.

Having carried out antimonopoly proceedings, the President of UOKiK determined that the transaction will not contribute to a significant lessening of competition, in particular by leading to the creation or strengthening of a dominant position on the market. The newly created joint enterprise will not operate on the markets on which the applicants are present. Moreover, one of the obligations which the winner of the tender announced by the President of UKE will have to undertake is offering wholesale services with the use of the reserved frequencies to telecommunication enterprises on equal, open and non-discriminatory bases.

Under the applicable regulations, a transaction must be notified to the antimonopoly authority if it involves enterprises whose aggregate turnover in the preceding year exceeded EUR 1 billion globally or EUR 50 million in Poland.

Additional information:
Małgorzata Cieloch, Spokesperson for UOKiK
Pl. Powstańców Warszawy 1, 00-950 Warsaw, Poland
Tel. (+48 22) 827 28 92, 55 60 106, 55 60 430
faks (+48 22) 826 11 86
E-mail: mcieloch@uokik.gov.pl