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[Decision Summary] Polish Competition Authority Approves Baltic Capital's Acquisition of Infinity Fund

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The Polish Competition Authority has granted approval for Baltic Capital Towarzystwo Funduszy Inwestycyjnych S.A. to acquire control over Infinity Akcji Funduszem Inwestycyjnym Zamkniętym, following an antitrust review.

27.03.2025 | Polish competition authority (DKK)


The Polish Competition Authority (UOKiK) issued Decision No DKK-84/2025 on March 28, 2025, approving the acquisition of control by Baltic Capital Towarzystwo Funduszy Inwestycyjnych S.A. over Infinity Akcji Funduszem Inwestycyjnym Zamkniętym. This decision was made following an antitrust investigation initiated at the request of Baltic Capital.

The legal basis for the decision is grounded in Article 18 in conjunction with Article 13 of the Act on Competition and Consumer Protection, which governs the assessment of mergers and acquisitions in Poland. The authority determined that the transaction would not significantly impede effective competition in the market.

Notably, the UOKiK opted to forego a detailed justification for the decision, as it fully aligned with the request of the applicant and did not involve any contentious interests or appeals. This indicates a straightforward approval process without significant opposition or concerns raised during the review.

The decision also outlines the procedural rights of the parties involved, including the ability to appeal to the District Court in Warsaw within one month of receiving the decision. An appeal would incur a fixed fee of 1000 PLN, although exemptions may be granted for parties demonstrating insufficient financial means.

In terms of market analysis, the authority assessed the competitive landscape and concluded that the merger would not create or strengthen a dominant position that could harm competition. This assessment is crucial in maintaining a balanced market environment, particularly in the investment fund sector.

This decision reinforces the principles established in previous cases regarding merger control, emphasizing the importance of thorough evaluations while also recognizing the efficiency of straightforward approvals when no competitive harm is evident.

The implications of this decision may extend to similar cases in the investment sector, suggesting a potentially streamlined process for future mergers that do not raise significant antitrust concerns. There were no dissenting opinions or minority views noted in the decision, indicating a consensus within the authority regarding the approval.

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