J. Sroczyński for WuW No. 3/2020 – The President of the OCCP imposes a fine on two companies providing internal transport services to hard coal mines for rigging tenders

The President of the Office of Competition and Consumer Protection (“OCCP”) fined for bid-rigging two companies providing internal transportation services for coal mines. Being the only bidders, the companies offered the same prices, so the tenders were cancelled. Subsequently, the same companies were submitting offers as a consortium. The fines imposed by the OCCP ranged from 4 to 35 thousand euro. 

The OCCP has cleared an acquisition of NEF Battery Holdings by ZAP Sznajder Batterien, both active on the vehicle battery market. The case was considered in a two-phase procedure, given the high combined market shares in battery recycling. During the proceedings, ZAP Sznajder Batterien decided to close its recycling plant in Korsze. This opened way for the OCCP to clear the transaction.

Engie was fined 40 million euro by the OCCP for not providing the required information for the purpose of proceedings against the companies financing the Nord Stream 2 gas pipeline. Earlier on, Gazprom, Engie, ÖMV, Shell, Uniper, and Wintershall received charges of executing a joint venture agreement concerning Nord Stream 2 without the consent of the OCCP. According to the OCCP, Engie was persistently and groundlessly refusing to provide agreements concluded with Gazprom. This resulted in the imposition of the fine, so far being the highest ever imposed by the OCCP on a single undertaking.

The OCCP has cleared the sale by the Lower Silesia Pharmacy Group of a local network of pharmacies to Panathea, on the condition of divesting 3 pharmacies. The OCCP has found that on the local markets of these pharmacies, Panathea could become a dominant player. The OCCP defined the geographic market as an area of 1 kilometre from a pharmacy.

J. Sroczyński, Wirtschaft und Wettbewerb. Developments in national competition law, No. 3/2020.