J. Sroczyński for WuW No. 3/2015 – Approval by the President of the Office of Competition and Consumer Protection for a merger of courier firms

The President of the Office of Competition and Consumer Protection (“OCCP”) has cleared the acquisition of a courier company Siodemka by DPD, a competitor belonging to the French group La Poste. The OCCP conducted the market investigation involving over 40 courier firms, including the largest players and smaller firms, active only in one town or region. The OCCP defined the relevant product markets in the same manner as it has been defined by the EU Commission in its previous concentration cases. In particular, the OCCP has confirmed that the market for express deliveries (on the next working day) should be perceived as distinct from the market for standard deliveries (handled in two or more days). The OCCP has found that the merged entity will encounter competition from other courier firms and that there are no exclusivity agreements in relations with customers. Accordingly, customers can easily switch to competitors should the merged firm increase its prices.

A joint venture established by four companies which have joined forces to build the first Polish atomic power plant, was cleared by the OCCP. The investment will be performed by PGE EJ 1, a company jointly owned by three energy groups, PGE, Tauron and Enea, and a copper mining group KGHM. The new power plant is planned to start operations in 2025, producing up to 7% of the total energy output in Poland.

The OCCP opened the proceedings to verify whether the gas incumbent PGNiG has complied with the commitments issued in December 2013. PGNiG was faced with the allegations of abusing its dominant position on the wholesale and retail gas markets, in the form of unjustified restrictions to decrease the amounts of gas ordered annually by its contractors. The commitments consisted in the obligation to amend the agreements. The OCCP has decided to check the annexes for compliance by PGNiG with the commitment decision.

J. Sroczyński, Wirtschaft und Wettbewerb. Developments in national competition law, No. 3/2015.