On 8 December, UOKiK received an application to approve the creation of the joint-venture Nord Stream 2 AG, based in Switzerland. The notifying entities are:

1)  PAO Gazprom, Russian Federation,

2)  E.ON Global Commodities SE, Germany,

3)  ENGIE SA, France,

4)  OMV Nord Stream II Holding AG, Switzerland,

5)  Shell Exploration and Production (LXXI) B.V., Netherlands,

6)  Wintershall Nederland B.V., Netherlands.

According to the notification, the joint-venture’s activities will encompass the design, financing, construction and operation of two submarine gas pipelines with a throughput capacity of 27.5 billion cubic metres per year. The pipelines will connect the Russian part of the Baltic coast with the German coast near Greifswald.

In their statement, the notifying parties state that the new entity will not cause any significant impediment to competition. A preliminary analysis of the notification on the part of UOKiK suggests, however, that this concentration will require an in-depth assessment to determine whether it could significantly impede competition on the broadly defined gas market in Poland. For this reason UOKiK intends to launch a market study, involving consultations with key players on the Polish gas market.  

The concentration is subject to a separate notification to the German competition authority.

The amended act on competition and consumer protection, which entered into force on 18 January 2015, introduced a two-stage procedure for examination of concentration cases. The first stage should be concluded within 1 month, whereas the proceedings may be extended by further four months in matters:

- of particular complexity,

- in which there are grounds to suspect a significant impediment to competition on the market as a result of the concentration, or

- requiring a market study.

According to applicable law, a transaction requires notification to the competition authority in cases where the combined turnover of the participating undertakings in the year preceding the notification exceeded 1 billion euro worldwide or 50 million euro in Poland.

Additional information for the media:

Press Office, UOKiK 
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