Poland (December 15, 2000)

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Score = 20

Governed by: The Act on Protection of Competition and Consumers of 15 December 2000 (hereinafter referred to as “Competition Act”). [1]

Category Subcategory Score Comment
Scope Extraterritoriality 1 The Act applies to all actions that have effects on Poland (Article 1)
Remedies Fines 1 Article 101 allows the OCCP to impose fines for certain violations.
Prison Sentences 0
Divestitures 1 Article 18 allows divestiture of merging parties before consent to a merger
Private Enforcement 3rd Party Initiation 0
Remedies Available to 3rd Parties 0
3rd Party Rights in Proceedings 0
Merger Notification Voluntary 0
Mandatory 3 Article 13 requires notice of mergers over a certain turnover threshold
Pre-merger 2 Article 13 requires notice before the merger agreement has taken effect
Post-merger 0
Merger Assessment Dominance 1 Article 19 allows President of the Office for Competition and Consumer Protection to prevent a merger because of the potentially dominant position of the acquiring entity.
Restriction of Competition 1 Article 19 allows President of the Office to prevent a merger due to its restrictive impact on competition
Public Interest (Pro D) 0
Public Interest (Pro Authority) 0
Other 0
Efficiency 1 Article 19 allows President of the Office to consent to an otherwise impermissible merger if it promotes economic development, technological progress, or the national economy


Dominance Limits Access 1 Article 8(2)(2) lists limiting production and markets as an abusive act.
Abusive Acts 1 Article 8 lists abusive acts by companies in a dominant position.
Price Setting 1 Article 8 (2)(1) lists the imposition of prices as an abusive act (includes predatory pricing)
Discriminatory Pricing 1 Article 8 (2)(1) lists the imposition of prices as an abusive act (includes predatory pricing)

Article 8 (2) (3) prohibits imposing non-homogenous terms on similar transactions


Resale Price Maintenance 0
Obstacles to Entry 1 Article 8(5) of the Act prohibits counteracting the formation of conditions necessary for the development of competition.
Efficiency Defense 0
Restrictive Trade Practices Price Fixing 1 Article 5(1) prohibits price fixing.
Tying 1 Article 5(5) prohibits tying arrangements.
Market Division 0
Output Restraint 1 Article 5(2) prohibits limiting or controlling production.
Market Sharing 1 Article 5(3) prohibits market sharing agreements
Eliminating Competitors 1 Article 5(6) prohibits eliminating undertakings from the market.
Collusive Tendering/Bid-Rigging 1 Article 5(7) prohibits collusive tendering.
Supply Refusal 0
Efficiency Defense 1 Article 7 give an exemption to the Article 5 prohibitions for agreements that improve production or distribution or promote economic and technical progress.

References

  1. http://www.konsument.gov.pl/files/ccp_act.pdf