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Dr hab. Adrian Niewęgłowski
ORCID: 0000-0002-0948-9813

University researcher at Maria Curie-Skłodowska University and the author of many publications on intellectual property law and media law. Attorney-at-law.

 
DOI: 10.33226/0137-5490.2026.2.3
JEL: K12, K15, K29

In the Polish business environment, transactions in the media market are becoming increasingly frequent. The objects of sale are shares in Polish broadcasting companies. These companies have concessions for the distribution of radio or television programs. The procedure for obtaining a concession in our country is often complex, formalized and time-consuming. The buyer of participation titles (e.g. shares in a broadcaster) is interested in keeping the concession if the deal is completed. Its loss often misses the purpose for which the buyer obtains the shares. However, current regulations grant the regulator (the National Broadcasting Council) the ability to revoke the concession in the situation of taking control of a broadcaster. The purchase of a sufficiently large block of shares can lead to changes in control over the broadcaster. The aim of the article is to address legal problems related to the above-mentioned takeover of control when the acquirer of shares is an entrepreneur from the European Economic Area (EEA) and an entity from outside the EEA.

Keywords: purchase of shares; concession; broadcasting; National Broadcasting Council; radio and television programs; permission to acquire shares of a broadcaster