VOL. 2012, 5(6)The EMPiK and Merlin concentration prohibition: Would the European Commission reach a similar verdict?Case comment to the decision of the President of the Office for Competition and Consumer Protection of 3 February 2011 – Merlin.pl S.A. and NFI EMPiK Media & Fashion S.A (DKK-12/2011)

• Main Author: Mateusz Radomyski
• Format: Article
• Language: English
• Published: University of Warsaw 2012-08-01
• Series: Yearbook of Antitrust and Regulatory Studies
• Online Access: https://yars.wz.uw.edu.pl/images/yars2012_5_6/s297.pdf

On 3 February 2011, the President of the Office of Competition and Consumer Protection (the Polish national competition agency, hereafter referred to as the UOKiK, after the Polish acronym), pursuant to Article 20(1) of the Act of 16 February 2007 on competition and consumer protection1 (hereafter referred to as the Competition Act) and in relation to Articles 13(1) and 13(2)(2) of said Act, issued Decision number DKK-12/11 (hereafter, the Decision). It ruled against the takeover of Merlin.pl S.A. by NFI EMPiK Media & Fashion S.A2 on the basis that ‘the concentration will result in a significant impediment to competition’