Media Pluralism and Independence in Poland: Legal Assessments of the Agora/Eurozet and PKN Orlen/Polska Press Transactions

Abstract

Eroding media pluralism and freedom in Poland are increasingly coming to the fore as concerns requiring urgent attention.The recent decisions by the Polish Competition Authority blocking the Agora/Eurozet merger and authorising the PKN Orlen/Polska Press transaction demonstrate how media-related concerns and competition enforcement intertwine. Judged through the lens of media pluralism and freedom, but also that of the quality of competition assessments, the two merger decisions are questionable models of legal analyses. Contentious theories of harm, an inadequate standard of proof and the ways in which the decisions contribute to the breaching of media standards in Poland should trigger attention on the EU level.

Keywords: Competition law, mergers, media pluralism, public policy goals

JEL Classification: K21, L40, K38