• UOKiK has given consent to the acquisition of part of Tomsol's assets by BP Europa.
• There was a risk of restriction of competition in this case, but a detailed analysis ruled out such a risk

The transaction was reported to the Office of Competition and Consumer Protection at the end of January 2019. Its participants conduct wholesale and retail sales of fuels, engine oils and car accessories. As a result of the merger, BP Europa is to acquire Tomsol's fuel stations.

In the course of the proceedings, the Office of Competition and Consumer Protection decided that the transaction may lead to restriction of competition in Koszalin. Both companies have stations in this area in close proximity. It was therefore necessary to carry out market analysis in this case.

However, the analysis of the effects of the merger showed that the transaction would not lead to a significant restriction of competition. The market investigation shows that the combined shares of BP Europa and Tomsol in Koszalin will not exceed the threshold which the antitrust law links with dominance. In addition, merger participants face strong competition from other entrepreneurs in this market, which will effectively counterbalance the combined potential of both companies.

Additional information

In accordance with the Act on Competition and Consumer Protection the proceedings in merger cases are conducted in two stages. The first stage lasts up to a month. However, in particularly complex cases where competition is likely to be significantly restricted or where a market investigation is required, proceedings may take longer.

The website of the Office for Competition and Consumer Protection (UOKiK)  provides information on all antitrust proceedings conducted by the authority in merger cases. More information on merger regulations is available in a special compilation.

Additional information for the media:

Press Office UOKiK
Pl. Powstańców Warszawy 1, 00-950 Warszawa
Tel. 695 902 088, 22 55 60 246
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Twitter: @UOKiKgovPL