Screening of certain inbound foreign investments – The Polish Ministry of Development and Technology receives new powers

The Polish president has just signed into law amendments to the legislative Act regarding control of certain foreign investments. One of the effects is that the Ministry of Development and Technology will receive, on a permanent basis, authority to verify mergers involving investors from outside the European Union, the European Economic Area, and the Organisation for Economic Cooperation and Development.

As of 25 July 2025, proposed investments by such entities should no longer be filed with the Office of Competition and Consumer Protection (UOKiK), but directly with the Ministry of Development and Technology. In this way, what had hereuntil be a temporary solution – implemented via an expedited procedure to address the economic impact of the Covid-19 pandemic, and then kept in force following the outbreak of war in Ukraine – will become a permanent one, and verification of certain inbound foreign investments will become a fixed item in the Ministry’s remit.

Moreover, the Council of Ministers will not be obligated to seek the opinion of UOKiK when contemplating further exemptions for entities covered by arts. 12a-12k of the legislative Act regarding control of certain foreign investments. Finally, arts. 5-12k and 15-16b of the Act will no longer apply in cases of acquisition of controlling stakes by the Polish State Treasury.

Any pending proceedings initiated by UOKiK under the old rules shall continue in accordance therewith.

Due to considerations of legislative continuity, what with the old rules remaining in force until 24 July, these amendments were adopted via the fast-track procedure, without public consultations or input from a broader circle of public authorities and experts.