J. Sroczyński for WuW No. 9/2020 – PKN Orlen has obtained approval from the President of the OCCP to acquire RUCH

The President of the Office of Competition and Consumer Protection (“OCCP”) unconditionally cleared the acquisition of RUCH by PKN Orlen. RUCH is a major distributor of press and operator of press kiosks across the country. PKN Orlen is a dominant player on the fuels market, operating petrol stations, where it also sells press and FMCG. Despite the overlap, the OCCP found that PKN Orlen will still face competition of other players. The OCCP did not qualify RUCH and PKN Orlen as direct competitors, due to their different sales and purchasing models.  

The OCCP initiated antimonopoly proceedings against three dealers of DAF trucks (DBK, Wanicki and WTC), following dawn raids. The OCCP alleged that the dealers divided the market, each dealer agreeing not to participate in tenders and actively submit offers on the territories ascribed to other dealers.

The OCCP presented bid-rigging charges to seven companies operating on the waste collection market in the city of Poznan and neighbouring municipalities. The OCCP alleged that the waste collectors organised mock consortia for the purpose to avoid competition in local tenders. The OCCP found that, after the successful tender, each of the companies performed services individually on the previously serviced areas. The OCCP stressed that while consortia are admissible in tender procedures, they should not be established artificially in situations where each participant can act independently of other bidders.

J. Sroczyński, Wirtschaft und Wettbewerb. Developments in national competition law, No. 9/2020.