The Polish Competition Authority fines a gas industry company for refusal to provide the information requested during merger investigation (Gazprom / Nord Stream 2)

By the decision of 29 July 2020 (No. DKK-141/2020) [1] the Polish Competition Authority [2] (“PCA”) imposed a fine of PLN 223,925,000 (EUR 50 million) on PJSC “Gazprom” for failing to comply with the request for information circulated in the course of merger control proceedings. This is the highest fine ever imposed by the PCA and it is equal to the maximum statutory limit of fine which could be imposed for the procedural infringements under Polish law [3]. The decision to impose the fine is a subsequent development of Nord Stream 2 project concerning the construction of an offshore natural gas pipeline across the Baltic Sea. Given that the pipeline has been co-financed by Gazprom’s partners (Uniper, Engie, OMV, Shell and Wintershall), the initial plan was to establish the company