The Office of Competition and Consumer Protection initiated the second stage of proceedings concerning three cases. They include the acquisition of Elester-PKP, Lob, and Gemini pharmacies chain

The first case concerns the acquisition of control over Elester-PKP by PKPE Holding. The first entrepreneur is controlled by CVC Capital Partners SICAV-FIS, which heads the CVC Group. Companies of the Group provide investment advisory services and manage investments on behalf of individual funds and platforms. Elester-PKP is jointly controlled by PKP Energetyka (a subsidiary of PKPE Holding) and GE Power Controls. It produces systems and components for traction power engineering, among others.

The second proceeding concerns the takeover of Apteka Gemini Hütter by Northern Pharmacies. Both undertakings are involved in the retail sale of pharmaceutical products at pharmacies. According to the existing case law, the UOKiK assumed the area where pharmacies compete with each other is the area in range of one kilometre from the retail facilities owned by the companies being acquired. Such definition of markets means the parties involved in the transaction compete with each other in Gdańsk and Wejherowo. Especially in the latter town, there is a risk of restriction of competition.

The last case concerns the acquisition of control over Lob by Assa Abloy Entrance Control System. The undertakings are involved, among others, in production of door security systems, such as mechanical locks, cylinders and electromagnetic bolts.

“The second phase of proceeding is initiated when the data provided by entrepreneurs need to be verified. This is true in these 3 cases. We need to examine the markets in which the parties involved in the concentration operate and assess their shares thoroughly. It is worth noting we are conducting a total of 34 concentration control proceedings now, including nine cases in the second stage”, says the President of the UOKiK Marek Niechciał

Additional information

Pursuant to the amended act on competition and consumer protection, proceedings pertaining to concentration consist of two stages. The first stage of the proceedings takes up to one month; however, in particularly complex cases where there is a probability of a significant restriction of competition or where a market research needs to be carried out, such proceedings may also last longer. The adoption of a decision on the extension of the deadline for the proceedings is by no means determinative of the ruling which may be given in the future.

Additional information for the media:

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