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Merger control in 2013

< previous | next > 31.12.2013

Merger control in 2013

In 2013, the President of UOKiK issued 156 consents to concentration. Two of these transactions could only be put into effect after satisfying certain conditions. The latest decisions concern, among others, Żabka Polska and Agros Nova. In the year just coming to an end, five of the issued decisions imposed financial penalties for failure to provide information requested by UOKiK or for failure to notify the intention of concentration

Under the law, any transaction is subject to notification to UOKiK if it involves undertakings whose total turnover in the preceding year exceeded EUR 1 billion globally or EUR 50 mln in Poland. Since the beginning of 2013, the President of UOKiK issued 156 concentration consents, including two conditional consents requiring the undertakings concerned to fulfil specific obligations before a transaction could be performed. Conditional consents relate to the purchase of a part of assets of Orlen Gaz by Gaspol and the takeover of Media Regionalne by Polskapresse. In 2013, merger control proceedings took on average 58 days to complete.

In one of the latest decisions, UOKiK has given the green light to the takeover of part of assets of Agros-Nova by Polskie Przetwory. Polskie Przetwory is a newly established entity which will deal with preserving fruit and vegetables. It belongs to Krajowa Spółka Cukrowa (National Sugar Manufacturing Company). Agros-Nova heads a capital group producing and selling products processed from fruit and vegetables. This concentration will involve the purchase by Polskie Przetwory of the rights associated with the manufacturing plant Agros-Nova in Włocławek, formerly operating under the name Zakłady Przetwórstwa Owocowo-Warzywnego (Fruit and Vegetables Processing Plants) in Włocławek. Its production focuses on tomato concentrate and ketchup.

In December, a green light was also given to Żabka Polska, which operates in the market of retail sale of daily consumer goods through its chain of Żabka and Freshmarket convenience stores. It belongs to the Mid Europa Partners capital group. Żabka Polska will now be able to take over PS Food, which owns 17 Market Ars Lewiatan stores, as well as other assets.

Apart from merger consents, five of the decisions issued in 2013 imposed financial sanctions on undertakings who failed to provide requested information or notify the intention of concentration.

Decisions granting consent to implement a concentration expire if the merger is not completed within 2 years from the decision issue date. Information on all concentration-related antitrust proceedings conducted by the Office is available on the Office’s website. For more information concerning merging undertakings, please see the specially made guidelines.

Additional information for the media:
Małgorzata Cieloch, Spokesperson for UOKiK
Department of International Relations and Communication
Pl. Powstańców Warszawy 1, 00-950 Warszawa
Phone: +48 22 827 28 92, 55 60 314
Fax +48 22 826 11 86
E-mail: [SCODE]bWFsZ29yemF0YS5jaWVsb2NoQHVva2lrLmdvdi5wbA==[ECODE]

 

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ICPENICNPolish Aid