The Court of Competition and Consumer Protection (CCCP) has confirmed the decision of the President of UOKiK and dismissed the appeal of the undertaking – Cogifer Polska cannot take over Koltram. According to the Court, this transaction would lead to significant competition restriction

In October 2009 the President of the Office issued the decision banning the takeover of Koltram by Cogifer Polska. After carrying out merger proceedings, the President of the Office decided that as a result of this transaction competition on the national market of selling track turnouts and railroad sidings, including parts of these turnouts, will be significantly restricted. The President of UOKiK took into consideration, above all, the market structure. At present three entities operate on the market. After merger, there would be two entities, with a greater advantage of the merged Cogifer and Koltram. Moreover, high cost of entering the market and legal barriers significantly restrict the occurrence of potential competitors

Competition restriction which would result from the merger, would significantly hinder the possibility of negotiating of conditions of order by recipients of turnouts. Therefore, the President of UOKiK issued a decision prohibiting the takeover of Koltram by Kolejowe Zakłady Nawierzchniowe Cogifer Polska.

Today, the Court of Competition and Consumer Protection dismissed the appeal of the undertaking against the decision of the President of UOKiK. The CCCP agreed with all the establishment of facts mentioned in the Office’s decision. The Court emphasized that the transaction would impede the competition. 

According to the Polish law, he undertaking may lodge an appeal to the Court of Appeal against the verdict of the Court of Competition and Consumer Protection.

Additional information for the media:
Małgorzata Cieloch, Spokesperson for UOKiK
Department of International Relations and Communication
Pl. Powstańców Warszawy 1
00, 950- Warsaw
tel. +48 22 55 60 106
faks +48 22 826 11 86
E-mail: malgorzata.cieloch@uokik.gov.pl