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[Decision Summary] Polish Competition Authority Approves Merger Between Modular System and Amd Altahalufat

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The Polish Competition Authority has granted approval for the merger between Modular System sp. z o.o. and Amd Altahalufat for Investment Company, allowing them to form a joint enterprise.

27.03.2025 | Polish competition authority (DKK)


The Polish Competition Authority (UOKiK) issued Decision No DKK-83/2025 on March 28, 2025, approving the merger between Modular System sp. z o.o., based in Ogorzelice, and Amd Altahalufat for Investment Company from Riyadh, Saudi Arabia. This decision follows an antitrust investigation initiated at the request of the involved parties.

The merger aims to establish a joint enterprise under the terms specified in their application. The authority noted that the decision fully complies with the request of the parties and does not address any contentious interests, nor was it issued as a result of an appeal.

According to Polish competition law, specifically Article 18 in conjunction with Article 13 of the Act on Competition and Consumer Protection, the authority has the discretion to approve mergers that do not significantly impede effective competition. In this case, the authority found no such impediment, allowing the merger to proceed without further conditions or penalties.

The decision also includes information regarding the right to appeal, stating that any party dissatisfied with the decision can appeal to the District Court in Warsaw within one month of receiving the decision. The appeal process is subject to a fixed fee of 1,000 PLN, although exemptions may apply for parties demonstrating insufficient financial means.

This merger is significant as it reflects the ongoing trend of consolidation in various industries, particularly in sectors where companies seek to enhance their competitive edge through collaboration. The approval indicates a favorable regulatory environment for mergers that do not threaten market competition.

Legal precedents suggest that the authority is increasingly willing to approve mergers that promote efficiency and innovation without harming consumer interests. This decision may set a precedent for future mergers, particularly those involving foreign investment in Poland.

There were no dissenting opinions noted in the decision, indicating a consensus within the authority regarding the merger's approval.

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