Poland (Decemeber 15, 2000) - Revision history

Kajrozga at 13:46, 10 August 2007

2007-08-10T13:46:27Z

← Older revision		Revision as of 13:46, 10 August 2007
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	\| Tying		\| Tying
	\| 1		\| 1
	\| ~~Articles~~ 5(5) ~~prohibit~~ tying		\| Article 5(5) prohibits tying

	\|-		\|-

Kajrozga at 13:42, 10 August 2007

2007-08-10T13:42:12Z

← Older revision		Revision as of 13:42, 10 August 2007
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	\| Divestitures		\| Divestitures
	\| 1		\| 1
	\| Article 18 allows ~~divestiture of~~ merging parties ~~before consent to a merger~~		\| Article 18(2) allows authority to divest merging parties.

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

Kajrozga at 22:29, 16 July 2007

2007-07-16T22:29:08Z

← Older revision		Revision as of 22:29, 16 July 2007
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	\|		\|
	\| Supply Refusal		\| Supply Refusal
	\|		\| 0
	\|		\|

Kajrozga at 22:28, 16 July 2007

2007-07-16T22:28:04Z

← Older revision		Revision as of 22:28, 16 July 2007
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	\|		\|
	\| Public Interest (Pro D)		\| Public Interest (Pro D)
	\| 1		\| 0
	\| ~~Article 2(1)(b) of CR 139/2004 considers the development of technical and economic progress~~		\|

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

	\|-		\|-
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	\|		\|
	\| Market Division		\| Market Division
	\| 1		\| 0
	\| ~~Article 81 prohibits customer allocation clauses~~		\|

	\|-		\|-
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	\|		\|
	\| Supply Refusal		\| Supply Refusal
	\| 1		\|
	\| ~~Article 81(1)(b) prohibits supply refusal~~		\|

	\|-		\|-

Kajrozga at 22:24, 16 July 2007

2007-07-16T22:24:19Z

← Older revision		Revision as of 22:24, 16 July 2007
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	\|		\|
	\| Resale Price Maintenance		\| Resale Price Maintenance
	\| 1		\| 0
	\| ~~Article 81 prohibits minimum resale price restrictions~~		\|

	\|-		\|-

Kajrozga at 21:26, 16 July 2007

2007-07-16T21:26:18Z

← Older revision		Revision as of 21:26, 16 July 2007
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	\| Fines		\| Fines
	\| 1		\| 1
	\| ~~The Act allows~~ the ~~OCCP~~ to impose fines ~~for certain violations~~.		\| Article 101 enables President of the Office to impose fines.

	\|-		\|-

Kajrozga at 21:21, 16 July 2007

2007-07-16T21:21:49Z

← Older revision		Revision as of 21:21, 16 July 2007
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	\| Mandatory		\| Mandatory
	\| 3		\| 3
	\| Article 13 requires notice of mergers over a certain turnover threshold		\| Article 13 requires notice of mergers over a certain turnover threshold<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 as requiring mandatory pre-merger notification.</ref>

	\|-		\|-

Kajrozga: New page: '''Score = 27''' ''Governed by:'' The Act on Protection of Competition and Consumers of 15 December 2000 (hereinafter referred to as “Competition Act”).http://www.konsument.gov.p...

2007-07-16T21:07:48Z

New page: '''Score = 27''' ''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.p...

New page

'''Score = 27'''

''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
| Article 1 states that the Act applies to all actions that have effects on Poland.

|- class="categorydivision"
| Remedies
| Fines
| 1
| The Act 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.

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

|-
|
| 3rd Party Rights in Proceedings
| 1
| Article 27(3) of Council Regulation No 1/2003 affords evidentiary rights to 3rd parties

|- 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)
| 1
| Article 2(1)(b) of CR 139/2004 considers the development of technical and economic progress

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

|-
|
| 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) (3) prohibits imposing non-homogenous terms on similar transactions

|-
|
| Resale Price Maintenance
| 1
| Article 81 prohibits minimum resale price restrictions

|-
|
| Obstacles to Entry
| 1
| Article 8(5) 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
| Articles 5(5) prohibit tying

|-
|
| Market Division
| 1
| Article 81 prohibits customer allocation clauses

|-
|
| Output Restraint
| 1
| Article 5(2) prohibits limiting production

|-
|
| Market Sharing
| 1
| Article 5 prohibits market sharing agreements

|-
|
| Eliminating Competitors
| 1
| Article 5 prohibits eliminating undertakings from the market.

|-
|
| Collusive Tendering/Bid-Rigging
| 1
| Article 5(7) prohibits collusive tendering.

|-
|
| Supply Refusal
| 1
| Article 81(1)(b) prohibits supply refusal

|-
|
| Efficiency Defense
| 1
| Article 81(3) allows an efficiency defense

|}

== References ==
<references />