News

Regulatory News / Latest Report

Decision of the OCCP regarding the abuse of a dominant position and the imposition of a fine on Allegro sp. z o.o.

December 29, 2022 10:30 EST

Legal basis: Article 17 sec. 1 of the MAR - inside information

Acting pursuant to Article 17(1) of Regulation (EU) No 596/2014 of the European Parliament and of the Council of 16 April 2014 on market abuse (market abuse regulation) and repealing Directive 2003/6/EC of the European Parliament and of the Council and Commission Directives 2003/124/EC, 2003/125/EC and 2004/72/EC ("MAR"), with reference to the Current Report No. 31/2022 of 8 August 2022 on the receipt of the statement of objections from the Polish antitrust authority by Allegro sp. z o.o. ("Allegro PL"), as well as to information on the proceedings regarding the potential abuse of a dominant position published in the prospectus and periodic reports of Allegro.eu, in particular in the quarterly report of the Allegro.eu Group for the third quarter of 2022, the Board of Directors of Allegro.eu (the "Company", "Allegro.eu") hereby gives notice that on December 29, 2022 it became aware from an announcement posted on the www.uokik.gov.pl website that on December 29, 2022 the President of the Office of Competition and Consumer Protection (the "OCCP") issued a decision imposing a fine on Allegro PL in the amount of PLN 206 169 786 for the violation of competition law consisting in the abuse by Allegro PL of a dominant position on the Polish market of services of intermediation in on-line sales between entrepreneurs and individual customers, offered to sellers on e-commerce platforms, by favouring its own retail sales ("1P") over the sales activities of independent sellers operating on the Allegro PL platform ("3P") (the "Decision").

This Decision has not yet been delivered to Allegro PL.

If this Decision is received by Allegro PL, it would have the effect of ending the antitrust proceedings regarding the potential abuse of a dominant position initiated by the OCCP in relation to Allegro PL in December 2019.

After the delivery of the Decision, Allegro PL will review the justification of the Decision and take steps to overturn it. Allegro PL does not agree with the Decision. The overwhelming 99% of sales on the Allegro PL platform is carried out by 3P, with the 1P accounting for only the remaining 1%. Allegro PL remains of the opinion that it does not hold a dominant position and it did not favour 1P in the anticompetitive way. Allegro.eu indicates that at the moment the Decision is not final and the fine imposed by it is not payable. Allegro PL has the right to appeal against it to the Court of Competition and Consumer Protection within one month from the date of delivery. The decision will become final only after the conclusion of such court proceedings.

 

Allegro.eu is a Luxembourg joint-stock company (société anonyme), address of the registered office: 1, rue Hildegard von Bingen, L – 1282 Luxembourg, Grand Duchy of Luxembourg, R.C.S. Luxembourg: B214830.