The Polish Competition Authority (DKK) has issued Decision No DKK-86/2025, which addresses anti-competitive practices by businesses and emphasizes the need for compliance with competition laws. This ruling serves as a reminder for competition law advisors to closely review client practices to avoid legal repercussions.

On March 31, 2025, the President of the Office of Competition and Consumer Protection (UOKiK) approved Medicover's acquisition of control over several companies within the CityFit group, which operates fitness clubs in Poland. However, this approval is contingent upon Medicover divesting specific fitness clubs located in Bielsko-Biała and Gliwice to independent investors to prevent a significant reduction in competition in these local markets.

The divestiture requirement is crucial for maintaining competition, as the acquisition is expected to significantly increase Medicover's market share in the affected areas, potentially leading to a dominant position. The independent investors must possess adequate financial resources and expertise to operate the clubs for at least two years, ensuring continuity of service.

UOKiK will oversee the selection of these investors to ensure they meet the necessary criteria, highlighting the importance of compliance with competition laws. Additionally, Medicover is required to report on the fulfillment of these divestiture conditions within specified timelines, emphasizing the need for ongoing compliance monitoring.

Competition law advisors should prepare their clients for the implications of this decision, particularly regarding compliance with divestiture conditions and the potential for increased scrutiny in future acquisitions.