• UOKiK initiated the second stage of proceedings concerning the takeover of control over Netia by Cyfrowy Polsat.
• The case requires a market research.
• The decision is by no means determinative of the ruling which may be given in the future.

The request for approval to takeover of Netia was submitted by Cyfrowy Polsat to UOKiK on 21 December 2017. The business ranges of both undertakings overlap in areas such as pay television access, mobile Internet, and mobile telephony services.

In the opinion of UOKiK, the undertakings operating in the market for pay television access compete for the clients with each other, regardless of how they provide the service (in this case: Cyfrowy Polsat via the satellite platform, and Netia via the cable network). The consumer receives a comparable service, either way. However, in geographic terms, the market depends on the technology used. For satellite platform operators, this is in principle the national market, but for cable operators, this market is limited by the network coverage to the city or town area.

First of all, the Competition Authority has to verify shares of Cyfrowy Polsat, Netia and their competitors in local markets. Therefore, the market must be examined by UOKiK.

The commencement of the second stage of the proceedings is by no means determinative of the ruling which may be given in the future. The President of the Office of Competition and Consumer Protection may approve the concentration (conditionally or unconditionally), or may prohibit the transaction.

Additional information

Pursuant to the act on competition and consumer protection, proceedings pertaining to concentration consist of two stages. The first stage of the proceedings takes up to one month; however, in particularly complex cases where there is a probability of a significant restriction of competition or where a market research needs to be carried out, such proceedings may also last longer.

The UOKiK website  publishes information on all concentration-related anti-trust proceedings conducted by the Authority. More information about the principles governing concentration of undertakings can be found in a dedicated paper.

Additional information for the media:

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