PKP Energetyka owns 443 substations and 20 000 km of power lines in Poland, giving it a natural monopoly in the market for distributing traction electricity. Therefore, only PKP Energetyka has the essential transport infrastructure (within the meaning of Commission Regulation (EC) No 851/2006) to transform and carry electricity for train haulage. PKP Energetyka has not disclosed any details concerning its market share as regards the distribution of traction electricity: it is only forthcoming as regards its share of the electricity trading market, thereby concealing its position as a monopoly. PKP Energetyka is also active on the electricity services market (maintaining and modernising traction networks belonging to PKP PLK).
With the above in mind:
1.
In the context of the Commission’s procedure as regards authorising the takeover of PKP Energetyka by CVC, is the Competition Commissioner intending to call on PKP Energetyka to provide details on its market share as regards the distribution of traction electricity?
2.
In the context of the ongoing opening-up of the rail transport market in the EU, is the Commissioner intending to consider all the negative effects of the sale of a natural monopoly on the traction electricity distribution market to financial investors?
3.
As part of the aforementioned procedure, is the Commissioner intending to consider consenting to the takeover of PKP Energetyka only if ownership of the transport infrastructure mentioned is first transferred to the state-owned company PKP PLK?