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Poland's anti-monopoly body fines France's Engie over Nord Stream 2

Christian Fernsby |
We asked Engie for documents and data regarding contracts concluded with Gazpromexplain Marek Niechciał President of the Office of Competition and Consumer Protection.

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"We are interested in information about gaseous fuels, in particular transmission, distribution, sales, supply or storage contracts. These data are necessary in the ongoing antitrust proceedings, in which we check whether Engie company and 5 other entities formed a joint undertaking without our consent", explain Marek Niechciał President of the Office of Competition and Consumer Protection.

"The company persistently and unreasonably refused to provide us with the requested documents and materials. This caused a significant delay in conducting our activities related to financing the construction of the NS2 gas pipeline", explains Michał Holeksa, vice president of UOKiK.

For failing to provide information during the proceedings, the office may impose a fine of up to EUR 50 million on the entrepreneur. By exercising this right, the President of UOKiK punished PLN 172 mln.

"We are conducting a very important antitrust proceeding concerning the Nord Stream 2 case, the effects of which may have an international character. When setting the amount of the penalty imposed on Engie Energy, we took into account the importance of this information for the ongoing proceedings, as well as the intentional conduct of the company. Today's decision with punishment is just one of the stages of this project", adds Marek Niechciał President of the Office of Competition and Consumer Protection.

As part of antitrust proceedings the office is currently analysing documents collected from other entities. Despite various difficulties, including such as the example of the Swiss company described today, UOKiK has already gathered extensive evidence (including contracts related to the financing of NS2).

For concentration without obtaining the consent of the President of UOKiK, a penalty of up to 10% of turnover may be imposed. In addition, if it was carried out and the restoration of competition on the market is not possible, the president of the office may order, e.g. the sale of all or part of the entrepreneur's assets, shares, stocks which guarantee control over the business entity, as well as the dissolution of the company over which the entrepreneurs exercise joint control.

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