J. Sroczyński for WuW No. 3/1999 – Decisions of the competition authorities concerning producers of alcohol

A merger between two major beer producers, Heineken and Brewpole, was cleared by the antimonopoly authorities, the Heineken-controlled group becoming a market leader in Poland. The merger was accepted on several conditions, including an obligation to refain from exclusivity on the distribution level, to maintain intra-brand competition between various national beer brands, and to invest in the local hop industry. The authorities have taken into account the projected growth of the Polish beer market in the coming years and its gradual opening to cross-border competition, especially to imports from CEFTA and the European Union.

Bols, a producer of alcoholic bevarges, should withdraw a spot from the public television advertizing yacht travels on the Baltic Sea. The spot presents a yacht with a Bols logo and slogan “clear pleasure of taste”. In the opinion of the Office of Competition and Consumer Protection, Bols is generally associated with consumption of alcoholic drinks. As a result, the advertisement should be regarded as legally prohibited and constitutes an exemple of unfair advertising.

In accordance with a ruling of the Antimonopoly Court, the municipality of Słubice committed monopolistic practices by charging privileged, lower fees from market-place traders, being inhabitants of Słubice and the neighboring municipalities. Fees charged from traders coming from other municipalities were 50% higher. The Antimonopoly Court ordered that the fees should be charged from all traders in equal amounts.

In a ruling concerning penalties imposed for a violation of the antimonopoly law, the Antimonopoly Court held that fines imposed by the President of the Office of Competition and Consumer Protection should remain in relation to the “degree of guilt” of the penalized undertaking and to its general financial situation.

J. Sroczyński, Wirtschaft und Wettbewerb. Developments in national competition law, No. 3/1999.