• The President of UOKiK will appeal against the judgment of the Court of Competition and Consumer Protection (SOKiK) in the Agora-Eurozet concentration case.
• SOKiK reversed the decision prohibiting the transaction.

The judgment relates to the decision of January 2021. After a thorough analysis of the extensive evidence gathered in the course of the proceedings, the President of UOKiK prohibited the concentration involving the acquisition of Eurozet by Agora. The activities of entrepreneurs and their capital groups overlap primarily in radio broadcasting, the sale of advertising time and the intermediation in the sale of radio advertising time. The President of the Office indicated that the concentration would result in the emergence of a strong radio group and irreversible disturbances in the functioning of competition in the local and nationwide radio advertising market.

Judgment by SOKiK

Agora appealed the decision to the Court of Competition and Consumer Protection. On 12 May, the court issued a judgement in which, reversing the decision of the President of the Office for Competition and Consumer Protection, it agreed to the concentration. The judgement issued by SOKiK is not legally binding. Pending the final decision, Agora will not be able to take over Eurozet.

- We have correctly assessed the extensive evidence and the competitive threat posed by this concentration. We do not agree with the decision of the court of first instance and we will therefore exercise our right and appeal. The decision by SOKiK is not legally binding. We hope that in the second instance the court will agree with our arguments – says the President of UOKiK Tomasz Chróstny.

Appeals procedure

An entrepreneur may appeal a decision of the President of UOKiK to the Court of Competition and Consumer Protection, and a judgment of the Court of Competition and Consumer Protection – to the Court of Appeal in Warsaw. It is also possible to file a cassation complaint against a Court of Appeal judgment with the Supreme Court of the Republic of Poland.

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