The Polish Competition Authority (UOKiK) issued Decision No DKK-82/2025 on March 28, 2025, approving the acquisition of certain assets of CUIAVIA Okręgowa Spółdzielnia Mleczarska by CUIAVIA sp. z o.o. This decision was made after an antitrust investigation initiated at the request of CUIAVIA sp. z o.o., based in Warsaw.

The legal basis for the decision stems from Article 18 in conjunction with Article 13 of the Act on Competition and Consumer Protection, which allows the authority to assess and approve mergers and acquisitions that do not significantly impede competition. The authority determined that the acquisition would not lead to a substantial lessening of competition in the relevant market.

In this case, the authority opted not to provide a detailed justification for the decision, as it fully aligned with the request of the parties involved and did not resolve any contentious interests. The decision was not made in response to an appeal, which further simplified the process.

According to the provisions outlined in the decision, parties have the right to appeal to the District Court in Warsaw within one month of receiving the decision. An appeal incurs a fixed fee of 1000 PLN, although the court may grant exemptions based on financial need.

The market analysis conducted by the authority indicated that the acquisition would not create barriers to entry for other competitors nor would it lead to a monopoly in the dairy sector. The competitive assessment concluded that the merger would likely enhance operational efficiencies without harming consumer interests.

This decision reinforces the principles established in previous cases regarding the assessment of mergers and acquisitions, particularly in sectors where competition is already robust. It sets a precedent for future transactions in the dairy industry and similar markets, indicating a willingness by the authority to approve consolidations that do not threaten competitive dynamics.

There were no dissenting opinions noted in the decision, as it was unanimously agreed upon by the authority's members. The implications of this decision suggest a favorable environment for mergers in the dairy sector, provided they do not significantly impede competition.