Kajrozga at 20:26, 12 February 2008

2008-02-12T20:26:12Z

← Older revision		Revision as of 20:26, 12 February 2008
Line 1:		Line 1:
	'''Score = 21'''		'''Score = 20'''

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

Kajrozga at 20:25, 12 February 2008

2008-02-12T20:25:07Z

← Older revision		Revision as of 20:25, 12 February 2008
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	\| Private Enforcement		\| Private Enforcement
	\| 3rd Party Initiation		\| 3rd Party Initiation
	\| 1		\| 0
	\| 3rd party companies that are affected by the violations can initiate proceedings.<ref>The European Antitrust Review website, http://www.globalcompetitionreview.com/ear/poland.cfm supplemented with other explanatory reports as noted.</ref>		\|

	\|-		\|-

Kajrozga at 12:31, 8 September 2007

2007-09-08T12:31:43Z

← Older revision		Revision as of 12:31, 8 September 2007
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	'''Score = 20'''		'''Score = 21'''

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

Kajrozga: New page: '''Score = 20''' ''Governed by:'' The Act on Protection of Competition and Consumers of 15 December 2000 (hereinafter referred to as “Competition Act”). http://www.konsument.gov...

2007-08-30T13:33:44Z

New page: '''Score = 20''' ''Governed by:'' The Act on Protection of Competition and Consumers of 15 December 2000 (hereinafter referred to as “Competition Act”). <ref>http://www.konsument.gov...

New page

'''Score = 20'''

''Governed by:'' The Act on Protection of Competition and Consumers of 15 December 2000 (hereinafter referred to as “Competition Act”).
<ref>http://www.konsument.gov.pl/files/ccp_act.pdf</ref>

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

|- class="categorydivision"
| Scope
| Extraterritoriality
| 1
| The Act applies to all actions that have effects on Poland (Article 1)

|- class="categorydivision"
| 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

|- class="categorydivision"
| Private Enforcement
| 3rd Party Initiation
| 1
| 3rd party companies that are affected by the violations can initiate proceedings.<ref>The European Antitrust Review website, http://www.globalcompetitionreview.com/ear/poland.cfm supplemented with other explanatory reports as noted.</ref>

|-
|
| Remedies Available to 3rd Parties
| 0
|

|-
|
| 3rd Party Rights in Proceedings
| 0
|

|- class="categorydivision"
| 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
|

|- class="categorydivision"
| 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

|- class="categorydivision"
| 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
|

|- class="categorydivision"
| 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 ==
<references />

Poland (December 15, 2000) - Revision history

Kajrozga at 20:26, 12 February 2008

Kajrozga at 20:25, 12 February 2008

Kajrozga at 12:31, 8 September 2007

Kajrozga: New page: '''Score = 20''' ''Governed by:'' The Act on Protection of Competition and Consumers of 15 December 2000 (hereinafter referred to as “Competition Act”). http://www.konsument.gov...