J. Sroczyński for WuW No. 12/2017 – An investigation into Allegro following complaints from other online shops

Allegro, a leading internet sale platform, has been raided by the Office of Competition and Consumer Protection (“OCCP”). The dawn raid is connected with a preliminary proceeding, during which the OCCP will check whether Allegro favours its own shop, to the detriment of other players. The proceeding is a result of numerous complaints regarding the new rules of functioning of the allegro.pl platform. According to the complaining internet shops, these changes have resulted in the identification of Allegro’s products during a search of the platform by potential customers, as the best buy. The OCCP stressed that the officials were only looking during the dawn raid for potential evidence and no formal allegations were presented to Allegro at this stage.

The President of the OCCP has fined FDW, a leading poultry farm, for a lack of notification of the acquisition of competing business of FDB, consisting of four farms, two breeding stations and other related assets. Even though FDB was in bankruptcy, the acquisition should have been notified in accordance with the merger control rules. The fine imposed by the OCCP for this negligence amounted to 75 thousand euro.

The OCCP decided to open phase 2 and conduct a market test in the merger control proceedings concerning an acquisition of Grupa Silikaty by H+H. Both are strong players on the markets for building materials, such as silicates and ready-mix. The decision of the OCCP comes as a result of opinions presented by customers, anxious that the acquisition will result in a price increase of wall materials and limitation of competition.

J. Sroczyński, Wirtschaft und Wettbewerb. Developments in national competition law, No. 12/2017.