The Polish Competition Authority issues first decision authorizing a foreign acquisition following its temporary FDI screening mechanism during the COVID-19 pandemic (H&F Corporate Investors VIII / The Center for Electronic Settlements Polish ePayments)

On 19 October 2020, the Polish Competition Authority (“UOKiK”) issued a decision authorising the Cayman Islands-based H&F Corporate Investors VIII Ltd. to acquire the Center for Electronic Settlements Polish ePayments S.A. The transaction was not notified to the UOKiK under the normal merger review process, but was submitted for approval under the newly introduced Polish FDI screening mechanism. This new investment control law was introduced as part of Poland’s “Anti-Crisis Shield 4.0” legislation to address the COVID-19 pandemic. The legislation aims to reduce the risk associated with non-EU, EEA or OECD companies acquiring Polish companies that are essential to maintaining public order, safety or health during the pandemic. In this case, the acquirer, H&F Corporate Investors VIII, controls portfolio companies operating in the sectors of Internet services, specialised business software, media and financial services. The Polish target focuses on the processing of non-cash transactions in payment terminals. The UOKiK therefore determined that the transaction did not pose a threat in terms of access to specific technologies or software and did not oppose the acquisition.

PDF Version

Author

Quotation

Catherine Gordley, The Polish Competition Authority issues first decision authorizing a foreign acquisition following its temporary FDI screening mechanism during the COVID-19 pandemic (H&F Corporate Investors VIII / The Center for Electronic Settlements Polish ePayments), 19 October 2020, e-Competitions Mergers & Media , Art. N° 97777

Visites 77

All issues

  • Latest News issue 
  • All News issues
  • Latest Special issue 
  • All Special issues