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Media mergers under the current decisional practice of the Polish competition authority
At the beginning of 2021, Poland’s competition authority issued two decisions regarding concentrations of undertakings in the media market. The first decision by the president of the Office of Competition and Consumer Protection (UOKiK) banned Agora SA’s acquisition of control over Eurozet sp. z o.o., while the second allowed PKN Orlen SA to acquire control over Polska Press sp. z o.o. Both decisions are heavily commented on in the media. It is worth looking at them from the point of view of the legal constructions they raise.
Media mergers under the current decisional practice of the Polish competition authority
Geo-blocking game sales
Geo-blocking limits the ability to buy products and services based on the customer’s nationality or residence. The conditions for access to goods and services and payment terms vary according to geographical criteria. In principle, such practices are prohibited in the EU. Does this ban also apply to video games?
Geo-blocking game sales
UEFA sanctions against Super League clubs and players may infringe competition law
On Sunday, 18 April 2021, the whole football world was electrified by news that major clubs from England, Spain and Italy are finalising the construction of the “Super League.” These exclusive matches would be independent of the Union of European Football Associations and pose competition for the Champions League organised by UEFA.
UEFA sanctions against Super League clubs and players may infringe competition law
Data sharing in the light of competition law
Sharing, exchanging or jointly collecting data may be valuable for the businesses involved and for the development of a given industry sector, technological innovation, and, as a result, consumers. Indeed, data are of fundamental importance for the development of the digital economy, either alone or as a basis for functioning of artificial intelligence. Hence, the competitiveness of companies on the market depends on access to relevant data.
Data sharing in the light of competition law
Digital transformation and competition law
The dominance of the US and China in the digital market has forced Europe to take action to reduce over-reliance on solutions developed outside its borders. The desire to maintain international competitiveness requires, among other things, a review of antitrust provisions.
Digital transformation and competition law
EU competition law in Norway? The EFTA Surveillance Authority decision in Telenor
Telenor, a Norwegian telecom, abused its dominant position. This was the ruling pronounced by the EFTA Surveillance Authority under the rules in force in the European Economic Area. The case is worth examining, as the powers of this body also cover the European Union and may apply to the activities of Polish companies.
EU competition law in Norway? The EFTA Surveillance Authority decision in Telenor
New president and priorities of Polish competition authority
The new president of the Office of Competition and Consumer Protection plans to reinforce the regulator’s activity aimed at preventing negative market impacts. His priority will be elimination of harmful practices—not necessarily punishment. Proceedings are to be conducted faster and more efficiently. There will also be many internal changes at UOKiK.
New president and priorities of Polish competition authority
Cooperation between competitors during the crisis
One method companies have of dealing with the crisis is to cooperate with their rivals. But before entering into such cooperation, it is worth examining whether it constitutes a conspiracy subject to sanctions from the national competition authority, the European Commission or other antitrust bodies.
Cooperation between competitors during the crisis
President of UOKiK at war with price-gougers
The president of the Office of Competition and Consumer Protection (UOKiK) has declared war on sellers unfairly raising prices of products during the COVID-19 pandemic. One of the instruments proposed by the regulator in combating this pathology is establishment by the Ministry of Development of maximum prices and margins on products essential from the perspective of consumers’ interests (a change included in the recent amendment to the Anti-Crisis Act). On this occasion it is worth reviewing the authority vested in the president of UOKiK to regulate product prices under current law.
President of UOKiK at war with price-gougers
Anti-Crisis Shield and UOKiK proposals for (temporary) tough times
The amendment to the Anti-Crisis Act includes proposals drafted by the Office of Competition and Consumer Protection (UOKiK), intended to increase the financial security of households, ensure access to vital goods and services, and combat price speculation and unjustified increases.
Anti-Crisis Shield and UOKiK proposals for (temporary) tough times
Merger control during the epidemic
In light of the difficulties associated with the coronavirus epidemic, and joining the global trend under the hashtag #flattenthecurve, competition authorities around the world, including Poland, are introducing, more or less officially, extraordinary operating procedures to avoid spreading the coronavirus. This can have a major impact on proceedings before these authorities, including filing and consideration of applications seeking approval of concentrations.
Merger control during the epidemic
Can a business be a consumer? Yes, from 1 June 2020
From 1 June 2020 the regulations on prohibited contractual provisions (abusive clauses), so far applicable only to consumers, will in certain situations also apply to sole traders. This change will generate many practical problems.
Can a business be a consumer? Yes, from 1 June 2020