The pace of considering concentration cases by UOKiK is greatly dependent on the information provided by transaction participants. Therefore providing untrue data in a transaction notification may result in a financial sanction. It happened in the case of UPC Polska, which failed to submit a document vital in the proceedings regarding acquiring Aster

An undertaking submitting to UOKiK the intention of concentration is obliged to provide true and complete information required by law. If the already filed notificaton does not fulfil formal requirements or shows other failures, the President of the Office may inter alia call the entity to complete the document or provide additional explanations. Furthermore, whenever untrue information is provided in the notification of intended concentration, a fine can be imposed in the equivalent of up to EUR 50 mln.

In December 2010 UPC applied to the Office for the consent to acquire Aster. The President of UOKiK addressed the undertaking to complete the notification inter alia with providing information if the company and the to-be-acquired entity possessed any reports, analyses or marketing enquiry concerning the access market to pay TV in Poland. During the proceedings it turned out that UPC concealed the market analysis containing significant information for the examined transaction.

The document not revealed by the company confirmed inter alia the opinion of UOKiK stating that the concentration would have a significant impact on local markets of particular cities. This was contrary to the stance of UPC Polska, which claimed during the pending proceedings that the market of pay TV is at nationwide level. It is worth emphasizing here that the Office’s waiting time for submitting the report greatly influenced the length of proceedings concerning the control of concentration.

UPC Polska was imposed a fine amounting to PLN 775 thousand (the equivalent of EUR 175 466.40) for providing false information regarding possessing key documents for the pending proceedings. The decision is not final and can be appealed against to the court.

Financial sanctions for providing false information in the notification of concentration are not a common practice. The decision concerning UPC has been the first such fine issued since 2008.

Additional information for the media:
Małgorzata Cieloch, Spokesperson for UOKiK
Department of International Relations and  Communication
Pl. Powstańców Warszawy 1, 00-950 Warszawa
Tel. +48 22 827 28 92, 55 60 314, 55 60 430
fax +48 22 826 11 86
E-mail: malgorzata.cieloch@uokik.gov.pl