J. Sroczyński for WuW No. 9/2018 – The OCCP’s proceedings against the partners of Nord Stream 2 gas pipeline consortium

The President of the Office of Competition and Consumer Protection (“OCCP”) opened formal proceedings against the partners of Nord Stream 2 gas pipeline consortium. The OCCP alleged that Gazprom, Uniper, Engie, OMV, Shell and Wintershall have failed to notify a concentration. At the end of 2015, a planned joint venture of the six companies was notified to the OCCP. In mid-2016, the OCCP provided competition concerns to the parties, which decided to withdraw the notification. In 2017, the pipeline partners granted loans to Nord Stream 2 AG, a Swiss company wholly-owned by Gazprom. The loans correspond to the previously notified shareholding structure of Nord Stream 2 AG. Accordingly, the OCCP now claims that the loan agreements were equivalent to a creation of the joint venture. The current proceedings may lead to imposition of fines and remedies, such as nullifications and divestments.

The OCCP opened preliminary proceedings related to Kiss & Fly zones at Polish airports. In these zones, destined to bring or take a passenger, free parking is available over a short time limit, usually ten minutes. However, some airport operators limit the daily number of free entries from two to five. The OCCP shall now examine whether these rules foreclose the market to nearby parking operators, who usually drive their clients to and from the airport. The OCCP shall also focus on potential anti-consumer effects of these rules.

The OCCP opened antimonopoly proceedings against 16 companies active on the fitness market, including operators of fitness clubs and issuers of sport employee benefit packages. Following dawn raids, the OCCP formulated allegations that the undertakings have territorially divided the Polish market, excluding competition on their respective areas of activities. In particular, club owners agreed not to open new clubs on such restricted territories. For the first time ever, the OCCP also opened proceedings against six managers, accusing them of anticompetitive conspiracy. Under Polish law, natural persons can be fined for such violations up to 500 thousand euro.

J. Sroczyński, Wirtschaft und Wettbewerb. Developments in national competition law, No. 9/2018.