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25 July 2008

New Anti-Monopoly Proceedings Against PKN Orlen

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CMS Cameron McKenna Nabarro Olswang

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Anti-monopoly proceedings have been brought against PKN Orlen, one of the leading oil companies in Central and Eastern Europe and the biggest in Poland.
Poland Antitrust/Competition Law

Anti-monopoly proceedings have been brought against PKN Orlen, one of the leading oil companies in Central and Eastern Europe and the biggest in Poland.

The proceedings were brought by the President of the Office for Competition and Customer Protection (UOKiK) following its recent analysis of the fuel market.

PKN Orlen's distributors — petrol stations in Krasnystaw and Lechow — are also under investigation.

UOKiK will check whether PKN Orlen's distribution agreements are compatible with Polish competition law, particularly any provisions giving it the right to fix resale retail fuel prices.

PKN Orlen and its distributors could be charged with distorting competition in the market by jointly fixing liquid fuel prices. If the allegations are upheld, UOKiK can impose fines of up to 10% of company's turnover in the previous year.

PKN Orlen is already the subject of three other anti-monopoly proceedings and, in December 2006, was ordered to pay a penalty of PLN 14 million (more than EUR 4 million) for abuse of its dominant position in the fuel market.

Under Polish competition law, proceedings should last for no more than five months.

This article was written for Law-Now, CMS Cameron McKenna's free online information service. To register for Law-Now, please go to www.law-now.com/law-now/mondaq

Law-Now information is for general purposes and guidance only. The information and opinions expressed in all Law-Now articles are not necessarily comprehensive and do not purport to give professional or legal advice. All Law-Now information relates to circumstances prevailing at the date of its original publication and may not have been updated to reflect subsequent developments.

The original publication date for this article was 23/07/2008.

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