• The Office of Competition and Consumer Protection adopted six decisions on concentration approval.
• These decisions pertain to entrepreneurs operating in the pharmacological, foodstuffs, energy and paper industries.

The first of the concentrations in question is the takeover of Sequoia by the Maspex Group. Maspex engages in the manufacture and sale of foodstuffs such as juice, beverages, noodles and dietary supplements. Sequoia, on the other hand, manufactures and sells dietary supplements, vitamin preparations as well as eye care and weight loss products.

Another transaction that was given the green light by the Competition Authority is the takeover of Amec Foster Wheeler (Knutsford) by John Wood Group. Both undertakings are based in the United Kingdom and engage in the provision of services which involve the design, construction and management of industrial plants in the fuel and energy sector. In Poland, Wood Group provides consulting services in the renewable energy sector, while Amec Foster Wheeler provides counselling services in the nuclear energy sector.

Another concentration scheme that was approved is the formation of a joint venture by PGE Polska Grupa Energetyczna and Energy POOL Developement. PGE Polska Grupa Energetyczna is the leader of the PGE capital group. The companies forming part of the group engage in the prospecting and extraction of mineral raw materials as well as in the production and distribution of heat and electricity. Energy POOL comprises four companies which engage in the provision of services to power distribution networks. The services in question involve the development, design and start-up of electricity modulation and power reduction services. PGE Energy Pool, the newly established joint venture, will be tasked with the procurement of electricity end users who are willing to reduce their electricity consumption or demand in exchange for an agreed amount of compensation.

The Competition Authority also approved the acquisition of Pini Polska, Hamburger Pini and Royal Chicken from Kutno by Smithfield Foods from USA. The company carrying out the transaction is a global foodstuffs enterprise and the world’s biggest meat processing and pig farming company. The acquired companies are part of the Pini group and engage in the manufacture and sale of processed meat products. The concentration does not extend to the remaining members of the Pini group, including companies which operate in the animal slaughter industry.

The contemplated acquisition of PCPapier by Posedo has likewise been approved. Posedo is a member of a capital group which remains under the control of the QWR1 holding company. The group operates in the paper industry. It engages in the sale of paper, paper products for office use as well as materials used in the professional printing industry. PCPapier is a wholesaler of paper for the conventional and digital printing sectors.

The final decision pertains to the takeover of a group of undertakings under the control of NOVA by BRL Center – Polska. BRL is a member of a Central European investment group known as Penta and engages in the sale of pharmaceutical products. It owns a network of pharmacies operating in 16 provinces of Poland. The members of the NOVA group are: Apteka „Pod Wagą” (Kępno), Suplemed (Kobyla Góra), Many Farm (Kobyla Góra), Elite Pharm (Ostrzeszów) and Apteka pod Koroną Krotoszyn (Krotoszyn). The companies in question maintain 20 pharmacies located in the Greater Poland and Lower Silesia provinces.

According to the provisions of applicable laws, the merger is subject to notification to the antitrust authority if it involves undertakings whose aggregate turnover generated in the preceding year exceeded EUR 1 billion worldwide or EUR 50 million in Poland.

The decisions approving the concentration expire if the merger is not completed within 2 years of the adoption thereof. The website of the Competition Authority publishes information on all concentration-related anti-monopoly proceedings conducted by the Authority. More information about the principles governing mergers can be found in a dedicated paper.

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