• We are surprised by the actions of the Commissioner for Human Rights in filing an appeal to the court against the decision consenting to the Polska Press/PKN Orlen concentration.
• We would like to remind that decisions in concentration cases are aimed at evaluating transactions solely in terms of ensuring compliance with the conditions of competition, as only such powers are granted to the President of the Office under the Act.
• The President of UOKiK is not able to assess other aspects of the draft transaction, including e.g. the assessment of the impact of concentration on media pluralism or freedom of expression.

“The decision on the acquisition of Polska Press by PKN Orlen was preceded by an analysis of the effects that the concentration might have had on the competition environment in the markets examined. It was only the substantive rationale that gave rise to a decision allowing for concentration. I therefore consider the CHR’s recent actions challenging the decision of the independent body incomprehensible. I do not agree with the position of the CHR and I do not see any grounds for such behaviour,” Tomasz Chróstny, President of UOKiK, comments.

In the course of the proceedings concerning the Polska Press/PKN Orlen concentration, UOKiK was receiving a number of documents, including from the CHR, requesting that a decision be issued prohibiting the transaction on the grounds of restrictions on freedom of speech. We would like to stress that when assessing each concentration, the President of UOKiK assesses whether it will contribute to a significant restriction of competition. No consideration is given to premises falling outside the scope of the Act on Competition and Consumer Protection, such as the impact on media pluralism. “The President of UOKiK is an independent authority, acting on the basis and within the limits of the law. The use in the concentration proceedings of any subjective criteria and criteria or concept categories which have not been clearly defined in the anti-trust law would constitute a breach of law. It is all the more difficult to accept the stance of the CHR, who in the course of the proceedings has not only suggested taking unlawful actions, but has also groundlessly challenged the decision of an independent competition authority,” the President of UOKiK comments.

This is not the first time the CHR has challenged a decision of the President of UOKiK in court - so far, following such actions, the court has not changed the decision issued by the President of the Office. “The decision was issued fairly and on the basis of substantive, statutory grounds. We are ready to present our reasons to the court,” Tomasz Chróstny adds.

Additional information for the media:

UOKiK Press Office
Pl. Powstańców Warszawy 1, 00-950 Warszawa, Poland
Phone +48 695 902 088, +48 22 55 60 246
E-mail: biuroprasowe@uokik.gov.pl
Twitter: @UOKiKgovPL