The Office of Competition and Consumer Protection will examine the concentration of groups operating in air fuel industry of Polski Sektor Naftowy Orlen and Petrolot. This is the second time undertakings have addressed the European Commission to refer the transaction to the Polish antimonopoly office

Taking into account the fact that the intended effects of transaction being considered will occur in Poland, the case was referred to UOKiK. According to the European Commission, the Polish antimonopoly authority has a significant experience in assessment of air fuel industry, which has been reflected in decisions issued in this respect up date

The European Commission and national antimonopoly authorities are entitled to inspect the effects of mergers and acquisitions on the market. The community dimension of a given concentration is the basic condition determining whether the application is considered by the European Commission. In principle, the European Commission examines transactions whose total global turnover of all participants amounts to a minimum of EUR 2.5 billion. On the other hand, the President of UOKiK has the capacity to deal with concentration cases which affect or might have effects in the territory of the Republic of Poland and additionally are not of community dimension.

However, participants to the transation which has a community dimension can request the EC to have the effects of the transaction considered by the member state – if it may significantly affect a concentration of a given state. In such circumstances, the Commission can refer the case to the national antimonopoly authority, which in turn, may give its consent to assess the effects of a particular transaction.

This happened when the European Commission referred a concentration, regarding the acquisition of sole control over Petrolot by Polski Koncern Naftowy Orlen, to the Polish antimonopoly office.

Polski Koncern Naftowy Orlen (PKN Orlen) deals with processing petroleum inter alia into unleaded petrol, diesel and heating oil as well as air fuel. The company owns 7 rafineries and a network of petrol stations located among others in Poland, the Chech Republic and Lithuania.

Petrolot company is the supplier of air fuel to Polish airports, at present under a joint contol of PKN Orlen and a state-owned company Polskie Linie Lotnicze LOT.

Taking into account the fact that the intended effects of transaction being considered will occur in Poland, the case was referred to UOKiK. According to the European Commission, the Polish antimonopoly authority has a significant experience in assessment of air fuel industry, which has been reflected in decisions issued in this respect up date.

Having received the application, the President of UOKiK instituted the antimonopoly proceedings concerning this case.

It has been the second time an undertaking applied for taking over the transaction by the Polish antimonopoly authority. First time ITI benefited from it when dealing with two transactions with media group Canal+. The proceedings conducted by the antimonopoly authority in this case already reaches its final stage.

More information on principles for merging undertakings can be found in specially drawn up materials. Furthermore, information on all antimonopoly proceedings conducted by the Office in concentration cases is placed on UOKiK’s website.

Additional information:
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 60 106, 55 60 430
Fax: +48 22 826 11 86
E-mail: [SCODE]bWFsZ29yemF0YS5jaWVsb2NoQHVva2lrLmdvdi5wbA==[ECODE]