Requests for information and access to files in Polish merger procedure in light of recent Nord Stream 2 developments

Journal of European Competition Law & Practice 2025, first view, lpaf003.

Nord Stream 2 is certainly one of the most high-profile cases ever examined by the Office of Competition and Consumer Protection (referred to as ‘OCCP’ or the ‘Polish NCA’). It has already attracted attention and undergone initial doctrinal analyses. Moreover, it appears that the procedural issues in parallel, related proceedings may have a more enduring impact on the evolution of the Polish merger procedure. The article provides a comprehensive picture of the ancillary proceedings in the Nord Stream 2 case. These ancillary cases highlight the procedural powers of National Competition Authorities (‘NCAs’) in formulating Requests for Information (‘RFIs’) and restricting the right of access to case files. They also provide insights into the calculation of fines for procedural infringements.