J. Sroczyński for WuW No. 12/2018 – Allegations of abuse of a dominant market position by Poczta Polska raised by the President of the OCCP

The President of the Office of Competition and Consumer Protection (“OCCP”) initiated proceedings against Polish Post, alleging an abuse of market position leading to an elimination of competitors. Polish Post has statutory monopoly of an operator of common postal services such as the delivery of registered letters. Other services can be provided by independent operators who compete with Polish Post but must frequently use its infrastructure. The OCCP’s concerns are related to terms of agreements concluded by Polish Post with competing providers. Polish Post requires competitors to provide detailed information about their customers. Because Polish Post has no regular price list, independent providers cannot provide precise pricing information to their customers. Other onerous contract terms include the requirement to inform Polish Post about exact number of deliveries in a given period, under sanction of charging retails fees even if a single delivery was not performed.  

The OCCP cleared an acquisition of Bytom by Vistula Group in a two-phase proceeding. Both companies are well known producers of men’s clothing. Vistula is also active on the market of jewellery, watches and women’s clothing. It owns brands such as Lantier, Vesari, Wólczanka, Lambert, W. Kruk and Deni Cler. Bytom is a recognised brand of high quality men’s suits. The OCCP, following a market test, has narrowed the product market definition to elegant, middle-class men’s clothing, not competing with luxury and low-end clothing. Clothing for children, teenagers and women were also defined as distinct markets. The OCCP has finally consented to the transaction, given that it will not lead to significant limitation of competition.  

J. Sroczyński, Wirtschaft und Wettbewerb. Developments in national competition law, No. 12/2018.