Poland/EU, 2007 - Revision history

LMyhre at 23:44, 16 August 2008

2008-08-16T23:44:16Z

← Older revision		Revision as of 23:44, 16 August 2008
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	\| Fines		\| Fines
	\| 1		\| 1
	\| Article 106 of the Polish Competition Act allows fines to be imposed for competition violations. ~~Articles 13 and 19 of CR 1/2003 allow for fines for serious violations of the EU Competition Act.~~		\| Article 106 of the Polish Competition Act allows fines to be imposed for competition violations.

	\|-		\|-

LMyhre at 23:41, 16 August 2008

2008-08-16T23:41:08Z

← Older revision		Revision as of 23:41, 16 August 2008
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	\| Extraterritoriality		\| Extraterritoriality
	\| 1		\| 1
	\| ~~Scope extends~~ to ~~foreign corporations.<ref>Goyder, D. G., EC Competition Law, 4th ed.~~ 2003~~, at 99~~.~~</ref>~~		\| EU law governs whenever conduct has effects on trade between Member States pursuant to Article 3 of Regulation 1/2003.

	\|- class="categorydivision"		\|- class="categorydivision"
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	\| Fines		\| Fines
	\| 1		\| 1
	\| Article 106 of the Polish Competition Act allows fines to be imposed for competition violations.		\| Article 106 of the Polish Competition Act allows fines to be imposed for competition violations. Articles 13 and 19 of CR 1/2003 allow for fines for serious violations of the EU Competition Act.

	\|-		\|-

LMyhre at 23:20, 16 August 2008

2008-08-16T23:20:13Z

← Older revision		Revision as of 23:20, 16 August 2008
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	\| Fines		\| Fines
	\| 1		\| 1
	\| ~~Articles 13 and 19 of CR 1/2003 allow for fines for serious violations of the EU Competition Act.~~ Article 106 of the Polish Competition Act allows fines to be imposed for competition violations.		\| Article 106 of the Polish Competition Act allows fines to be imposed for competition violations.

	\|-		\|-

LMyhre at 20:52, 16 August 2008

2008-08-16T20:52:49Z

← Older revision		Revision as of 20:52, 16 August 2008
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	'''Score = 27'''		'''Score = 24'''

	''Governed by:'' Articles 81 and 82 of the Treaty on European Union [hereafter EU Treaty], and European Commission Regulations 1/2003 [hereafter "CR 1/2003"] and 139/2004 [hereafter “CR 139/2004], as well as national legislation.<ref>EU statutes and regulations available online from the European Competition Network, at http://ec.europa.eu/comm/competition/ecn/documents.html</ref>		''Governed by:'' Articles 81 and 82 of the Treaty on European Union [hereafter EU Treaty], and European Commission Regulations 1/2003 [hereafter "CR 1/2003"] and 139/2004 [hereafter “CR 139/2004], as well as national legislation.<ref>EU statutes and regulations available online from the European Competition Network, at http://ec.europa.eu/comm/competition/ecn/documents.html</ref>

LMyhre at 20:51, 16 August 2008

2008-08-16T20:51:56Z

← Older revision		Revision as of 20:51, 16 August 2008
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	\| Extraterritoriality		\| Extraterritoriality
	\| 1		\| 1
	\| ~~EU law governs whenever conduct has effects on trade between Member States pursuant~~ to ~~Article 3 of Regulation 1/~~2003.		\| Scope extends to foreign corporations.<ref>Goyder, D. G., EC Competition Law, 4th ed. 2003, at 99.</ref>

	\|- class="categorydivision"		\|- class="categorydivision"
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	\| Private Enforcement		\| Private Enforcement
	\| 3rd Party Initiation		\| 3rd Party Initiation
	\| 1		\| 0
	\| ~~CR 1/2003, Article 12, says that any interested party can bring a violation to the attention of the Authority.~~		\|

	\|-		\|-
	\|		\|
	\| Remedies Available to 3rd Parties		\| Remedies Available to 3rd Parties
	\| 1		\| 0
	\| ~~CR 1/2003, Article 33, allows 3rd parties to file a civil suit for damages.~~		\|

	\|-		\|-
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	\| 3rd Party Rights in Proceedings		\| 3rd Party Rights in Proceedings
	\| 1		\| 1
	\| ~~Article 27(3) of CR 1/2003 affords evidentiary rights to 3rd parties. Also,~~ Article 50 of Poland’s Act of 16 February 2007 on Competition and Consumer Protection states that "everyone shall be entitled to submit . . . explanations concerning essential circumstances of a given case."		\| Article 50 of Poland’s Act of 16 February 2007 on Competition and Consumer Protection states that "everyone shall be entitled to submit . . . explanations concerning essential circumstances of a given case."

	\|- class="categorydivision"		\|- class="categorydivision"
	\| Merger Notification<ref>The National Competition Authority will assess mergers under the National Competition Act. If the concentration affects trade between the Member States, the European Commission will assess the merger under Regulation 139/2004. See the coding for the European Commission for those provisions.</ref>		\| Merger Notification
	\| Voluntary		\| Voluntary
	\| 0		\| 0
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	\| Mandatory		\| Mandatory
	\| 3		\| 3
	\| Notification of mergers is mandatory.		\| Notification of mergers is mandatory

	\|-		\|-
	\|		\|
	\| Pre-merger		\| Pre-merger
	\| 2		\| 2
	\| ~~Notification is required~~ pre-merger.		\| The Polish Competition Act requires notification pre-merger.

	\|-		\|-
	\|		\|
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	\| Dominance		\| Dominance
	\| 1		\| 1
	\| Article 20 of the ~~national~~ Competition Act prohibits concentrations that strengthen a dominant position.		\| Article 20 of the Polish Competition Act prohibits concentrations that strengthen a dominant position.


	\|-		\|-
	\|		\|
	\| Restriction of Competition		\| Restriction of Competition
	\| 1		\| 1
	\| Article 20 of the ~~national~~ Competition Act prohibits concentrations that strengthen a dominant position.		\| Article 20 of the Polish Competition Act prohibits concentrations that strengthen a dominant position.


	\|-		\|-
	\|		\|
	\| Public Interest (Pro D)		\| Public Interest (Pro D)
	\| 1		\| 1
	\| The Authority will allow an otherwise impermissible merger to go through.		\| The national Authority will allow an otherwise impermissible merger to go through

	\|-		\|-
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	\| Efficiency		\| Efficiency
	\| 1		\| 1
	\| The ~~Polish~~ Competition Authority will "look favourably on a merger if it contributes to economic development or technical progress or has the potential to have a positive effect on the national economy."~~[2]~~		\| The national Competition Authority will "look favourably on a merger if it contributes to economic development or technical progress or has the potential to have a positive effect on the national economy."<ref>"Merger Control in Poland," published by Lovells, at 4. Available at: http://www.lovells.com/NR/rdonlyres/B54ACE78-150B-4F0C-8D05-9E8564780AF3/8699/4409_EUd_MergerENG_CN_v5.pdf</ref>

	\|- class="categorydivision"		\|- class="categorydivision"
	\| Dominance		\| Dominance

LMyhre at 03:15, 16 August 2008

2008-08-16T03:15:47Z

← Older revision		Revision as of 03:15, 16 August 2008
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	\| Extraterritoriality		\| Extraterritoriality
	\| 1		\| 1
	\| ~~Scope extends~~ to ~~foreign corporations.<ref>Goyder, D. G., EC Competition Law, 4th ed.~~ 2003~~, at 99~~.~~</ref>~~		\| EU law governs whenever conduct has effects on trade between Member States pursuant to Article 3 of Regulation 1/2003.

	\|- class="categorydivision"		\|- class="categorydivision"

HCargill at 21:25, 14 August 2008

2008-08-14T21:25:27Z

← Older revision		Revision as of 21:25, 14 August 2008
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	\|- class="categorydivision"		\|- class="categorydivision"
	\| Merger Notification		\| Merger Notification<ref>The National Competition Authority will assess mergers under the National Competition Act. If the concentration affects trade between the Member States, the European Commission will assess the merger under Regulation 139/2004. See the coding for the European Commission for those provisions.</ref>
	\| Voluntary		\| Voluntary
	\| 0		\| 0

LMyhre at 18:48, 14 August 2008

2008-08-14T18:48:59Z

← Older revision		Revision as of 18:48, 14 August 2008
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	\| Fines		\| Fines
	\| 1		\| 1
	\| Articles 13 and 19 of CR 1/2003 allow for fines for serious violations of the EU Competition Act.		\| Articles 13 and 19 of CR 1/2003 allow for fines for serious violations of the EU Competition Act. Article 106 of the Polish Competition Act allows fines to be imposed for competition violations.

	\|-		\|-
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	\| Divestitures		\| Divestitures
	\| 1		\| 1
	\| Article 7 of CR 1/2003 allows for structural remedies.		\| Article 7 of CR 1/2003 allows for structural remedies. Article 21 of the Polish Competition Act enables divestiture of an improper merger.

	\|- class="categorydivision"		\|- class="categorydivision"
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	\| Mandatory		\| Mandatory
	\| 3		\| 3
	\| ~~Article 7(1)~~ of CR 139/2004 requires notification.<ref>The new merger notification guidelines implemented by Council Regulation 139/2004 give undertakings the ability to request exemption from notification requirements. However, because a formal request must be submitted and approved in order to gain exemption, the new notification guidelines are encoded here as requiring mandatory ~~pre-merger notification~~.~~</ref>~~		\| Notification of mergers is mandatory.

	\|-		\|-
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	\| Pre-merger		\| Pre-merger
	\| 2		\| 2
	\| ~~Article 7(1) of 139/2004 requires~~ pre-~~clearance~~.		\| Notification is required pre-merger.

	\|-		\|-
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	\| Dominance		\| Dominance
	\| 1		\| 1
	\| Article ~~2(1)~~ of ~~CR 139/2004 considers dominance~~.		\| Article 20 of the national Competition Act prohibits concentrations that strengthen a dominant position.

	\|-		\|-
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	\| Restriction of Competition		\| Restriction of Competition
	\| 1		\| 1
	\| Article ~~2(1)~~ of ~~CR 139/2004 considers~~ the ~~interests of intermediate and ultimate consumers~~.		\| Article 20 of the national Competition Act prohibits concentrations that strengthen a dominant position.

	\|-		\|-
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	\| Public Interest (Pro D)		\| Public Interest (Pro D)
	\| 1		\| 1
	\| ~~Article 2(1) of CR 139/2004 considers the development of technical and economic progress~~.		\| The Authority will allow an otherwise impermissible merger to go through.

	\|-		\|-
	\|		\|
	\| Public Interest (Pro Authority)		\| Public Interest (Pro Authority)
	\| 1		\| 0
	\| ~~Article 2(1) of CR 139/2004 considers the interests of intermediate and ultimate consumers.~~		\|

	\|-		\|-
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	\| Efficiency		\| Efficiency
	\| 1		\| 1
	\| ~~Article~~ 2~~(1) of CR 139/2004 allows an efficiency defense.~~		\| The Polish Competition Authority will "look favourably on a merger if it contributes to economic development or technical progress or has the potential to have a positive effect on the national economy."[2]

	\|- class="categorydivision"		\|- class="categorydivision"

LMyhre: New page: '''Score = 27''' ''Governed by:'' Articles 81 and 82 of the Treaty on European Union [hereafter EU Treaty], and European Commission Regulations 1/2003 [hereafter "CR 1/2003"] and 139/2004...

2008-08-10T23:19:06Z

New page: '''Score = 27''' ''Governed by:'' Articles 81 and 82 of the Treaty on European Union [hereafter EU Treaty], and European Commission Regulations 1/2003 [hereafter "CR 1/2003"] and 139/2004...

New page

'''Score = 27'''

''Governed by:'' Articles 81 and 82 of the Treaty on European Union [hereafter EU Treaty], and European Commission Regulations 1/2003 [hereafter "CR 1/2003"] and 139/2004 [hereafter “CR 139/2004], as well as national legislation.<ref>EU statutes and regulations available online from the European Competition Network, at http://ec.europa.eu/comm/competition/ecn/documents.html</ref>

{| class="wikitable"
|-
! Category !! Subcategory !! Score !! Comment

|- class="categorydivision"
| Scope
| Extraterritoriality
| 1
| Scope extends to foreign corporations.<ref>Goyder, D. G., EC Competition Law, 4th ed. 2003, at 99.</ref>

|- class="categorydivision"
| Remedies
| Fines
| 1
| Articles 13 and 19 of CR 1/2003 allow for fines for serious violations of the EU Competition Act.

|-
|
| Prison Sentences
| 0
|

|-
|
| Divestitures
| 1
| Article 7 of CR 1/2003 allows for structural remedies.

|- class="categorydivision"
| Private Enforcement
| 3rd Party Initiation
| 1
| CR 1/2003, Article 12, says that any interested party can bring a violation to the attention of the Authority.

|-
|
| Remedies Available to 3rd Parties
| 1
| CR 1/2003, Article 33, allows 3rd parties to file a civil suit for damages.

|-
|
| 3rd Party Rights in Proceedings
| 1
| Article 27(3) of CR 1/2003 affords evidentiary rights to 3rd parties. Also, Article 50 of Poland’s Act of 16 February 2007 on Competition and Consumer Protection states that "everyone shall be entitled to submit . . . explanations concerning essential circumstances of a given case."

|- class="categorydivision"
| Merger Notification
| Voluntary
| 0
|

|-
|
| Mandatory
| 3
| Article 7(1) of CR 139/2004 requires notification.<ref>The new merger notification guidelines implemented by Council Regulation 139/2004 give undertakings the ability to request exemption from notification requirements. However, because a formal request must be submitted and approved in order to gain exemption, the new notification guidelines are encoded here as requiring mandatory pre-merger notification.</ref>

|-
|
| Pre-merger
| 2
| Article 7(1) of 139/2004 requires pre-clearance.

|-
|
| Post-merger
| 0
|

|- class="categorydivision"
| Merger Assessment
| Dominance
| 1
| Article 2(1) of CR 139/2004 considers dominance.

|-
|
| Restriction of Competition
| 1
| Article 2(1) of CR 139/2004 considers the interests of intermediate and ultimate consumers.

|-
|
| Public Interest (Pro D)
| 1
| Article 2(1) of CR 139/2004 considers the development of technical and economic progress.

|-
|
| Public Interest (Pro Authority)
| 1
| Article 2(1) of CR 139/2004 considers the interests of intermediate and ultimate consumers.

|-
|
| Other
| 0
|

|-
|
| Efficiency
| 1
| Article 2(1) of CR 139/2004 allows an efficiency defense.

|- class="categorydivision"
| Dominance
| Limits Access
| 1
| Article 82(b) of the EU Treaty prohibits abuse of a dominant position.

|-
|
| Abusive Acts
| 1
| Article 82 of the EU Treaty prohibits abuse of a dominant position.

|-
|
| Price Setting
| 1
| Article 82(a) of the EU Treaty prohibits price setting.

|-
|
| Discriminatory Pricing
| 1
| Articles 81(1)(d) and 82(c) of the EU Treaty, prohibit discrimatory conditions.

|-
|
| Resale Price Maintenance
| 1
| Article 81 of the EU Treaty prohibits minimum resale price restrictions.<ref>EC Competition Law, at 97.</ref>

|-
|
| Obstacles to Entry
| 1
| Article 82 of the EU Treaty prohibits anti-competitive pricing schemes.<ref>Id, at 283.</ref>

|-
|
| Efficiency Defense
| 0
|

|- class="categorydivision"
| Restrictive Trade Practices
| Price Fixing
| 1
| Articles 81(1)(a) of the EU Treaty prohibits price fixing.

|-
|
| Tying
| 1
| Articles 81(1)(e) and 82(d) of the EU Treaty prohibit tying.

|-
|
| Market Division
| 1
| Article 81 of the EU Treaty prohibits customer allocation clauses.<ref>Id, at 97.</ref>

|-
|
| Output Restraint
| 1
| Article 81(1)(b) of the EU Treaty prohibits limiting production.

|-
|
| Market Sharing
| 1
| Article 81(1)(c) of the EU Treaty prohibits market sharing.

|-
|
| Eliminating Competitors
| 1
| Article 81(1) of the EU Treaty prohibits agreements that have the purpose or effect of eliminating competition.

|-
|
| Collusive Tendering/Bid-Rigging
| 1
| Article 81 of the EU Treaty prohibits bid-rigging.

|-
|
| Supply Refusal
| 1
| Article 81(1)(b) of the EU Treaty prohibits supply refusal.

|-
|
| Efficiency Defense
| 1
| Article 81(3) of the EU Treaty allows an efficiency defense.

|}

== References ==
<references />