Poland (February 16, 2007): Difference between revisions

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'''Score = INCOMPLETE'''
'''Score = 22'''


''Governed by:'' The Act of 16 February 2007 on Competition and Consumer Protection (hereinafter referred to as “Competition Act”).  
''Governed by:'' The Act of 16 February 2007 on Competition and Consumer Protection (hereinafter referred to as “Competition Act”).  
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| Scope
| Scope
| Extraterritoriality
| Extraterritoriality
| 0
| 1
|  
| Article 1(2) states that the Act applies to any "practices or concentrations cause or may cause effects in the territory."


|- class="categorydivision"
|- class="categorydivision"
| Remedies
| Remedies
| Fines
| Fines
| 0
| 1
|  
| Article 106 allows imposing fines for violations of the Act.


|-
|-
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|  
|  
| Divestitures
| Divestitures
| 0
| 1
|  
| Article 21 enables divestiture of an improper merger.


|- class="categorydivision"
|- class="categorydivision"
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|  
|  
| 3rd Party Rights in Proceedings
| 3rd Party Rights in Proceedings
| 0
| 1
|  
| Article 50 states that "everyone shall be entitled to submit . . . explanations concerning essential circumstances of a given case."


|- class="categorydivision"
|- class="categorydivision"
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|  
|  
| Mandatory
| Mandatory
| 0
| 3
|  
| Notification of mergers is mandatory
|-
|-
|  
|  
| Pre-merger
| Pre-merger
| 0
| 2
|  
| The Act requires notification pre-merger.


|-
|-
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| Merger Assessment
| Merger Assessment
| Dominance
| Dominance
| 0|  
| 1
| Article 20 prohibits concentrations that strengthen a dominant position.




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|  
|  
| Restriction of Competition
| Restriction of Competition
| 0
| 1
|  
| Article 20 prohibits concentrations that strengthen a dominant position.
 
|-
|-
|  
|  
| Public Interest (Pro D)
| Public Interest (Pro D)
| 0
| 1
|  
| The Authority will allow an otherwise impermissible merger to go through
|-
|-
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|  
|  
| Efficiency
| Efficiency
| 0
| 1
|  
| The 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>


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| Dominance
| Dominance
| Limits Access
| Limits Access
| 0
| 1
|  
| Article 9(2)(2) prohibits "limiting production"


|-
|-
|  
|  
| Abusive Acts
| Abusive Acts
| 0
| 1
|  
| Article 9 prohibits "abuse of dominant position."


|-
|-
|  
|  
| Price Setting
| Price Setting
| 0
| 1
|  
| Article 9(2)(1) prohibits price fixing.


|-
|-
|  
|  
| Discriminatory Pricing
| Discriminatory Pricing
| 0
| 1
|  
| Article 6(4) prohibits discriminatory pricing.
|-
|-
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|  
|  
| Obstacles to Entry
| Obstacles to Entry
| 0
| 1
|
| Article 9(5) prohibits "counteracting formation of conditions necessary for the emergence or development of competition"
|-
|-
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| Restrictive Trade Practices
| Restrictive Trade Practices
| Price Fixing
| Price Fixing
| 0
| 1
|  
| Article 6(1) prohibits price fixing.


|-
|-
|  
|  
| Tying
| Tying
| 0
| 1
|  
| Article 6(5) prohibits tying arrangements.
|-
|-
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|  
|  
| Output Restraint
| Output Restraint
| 0
| 1
|  
| Article 6(2) prohibits "limiting or controlling production."  Article 6(6) prohibits "limiting access."


|-
|-
|  
|  
| Market Sharing
| Market Sharing
| 0
| 1
|  
| Article 6(3) prohibits market sharing.


|-
|-
|  
|  
| Eliminating Competitors
| Eliminating Competitors
| 0
| 1
|  
| Article 6(6) prohibits "eliminating from the market undertakings"
|-
|-
|  
|  
| Collusive Tendering/Bid-Rigging
| Collusive Tendering/Bid-Rigging
| 0
| 1
|  
| Article 6(7) prohibits bid rigging.


|-
|-
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|  
|  
| Efficiency Defense
| Efficiency Defense
| 0
| 1
|  
| Article 8(1) permits otherwise impermissible agreements if they "contribute to improvement of the production, distribution of goods or to technical or economic progress"
|}
|}

Latest revision as of 03:10, 21 February 2008

Score = 22

Governed by: The Act of 16 February 2007 on Competition and Consumer Protection (hereinafter referred to as “Competition Act”). [1]

Category Subcategory Score Comment
Scope Extraterritoriality 1 Article 1(2) states that the Act applies to any "practices or concentrations cause or may cause effects in the territory."
Remedies Fines 1 Article 106 allows imposing fines for violations of the Act.
Prison Sentences 0
Divestitures 1 Article 21 enables divestiture of an improper merger.
Private Enforcement 3rd Party Initiation 0
Remedies Available to 3rd Parties 0
3rd Party Rights in Proceedings 1 Article 50 states that "everyone shall be entitled to submit . . . explanations concerning essential circumstances of a given case."
Merger Notification Voluntary 0
Mandatory 3 Notification of mergers is mandatory
Pre-merger 2 The Act requires notification pre-merger.
Post-merger 0
Merger Assessment Dominance 1 Article 20 prohibits concentrations that strengthen a dominant position.


Restriction of Competition 1 Article 20 prohibits concentrations that strengthen a dominant position.


Public Interest (Pro D) 1 The Authority will allow an otherwise impermissible merger to go through
Public Interest (Pro Authority) 0
Other 0
Efficiency 1 The 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]


Dominance Limits Access 1 Article 9(2)(2) prohibits "limiting production"
Abusive Acts 1 Article 9 prohibits "abuse of dominant position."
Price Setting 1 Article 9(2)(1) prohibits price fixing.
Discriminatory Pricing 1 Article 6(4) prohibits discriminatory pricing.
Resale Price Maintenance 0
Obstacles to Entry 1 Article 9(5) prohibits "counteracting formation of conditions necessary for the emergence or development of competition"
Efficiency Defense 0
Restrictive Trade Practices Price Fixing 1 Article 6(1) prohibits price fixing.
Tying 1 Article 6(5) prohibits tying arrangements.
Market Division 0
Output Restraint 1 Article 6(2) prohibits "limiting or controlling production." Article 6(6) prohibits "limiting access."
Market Sharing 1 Article 6(3) prohibits market sharing.
Eliminating Competitors 1 Article 6(6) prohibits "eliminating from the market undertakings"
Collusive Tendering/Bid-Rigging 1 Article 6(7) prohibits bid rigging.
Supply Refusal 0
Efficiency Defense 1 Article 8(1) permits otherwise impermissible agreements if they "contribute to improvement of the production, distribution of goods or to technical or economic progress"

References

  1. ↑ http://www.uokik.gov.pl/download/Z2Z4L3Vva2lrL2VuL2RlZmF1bHRfb3Bpc3kudjAvMjkvMS8xL3VzdGF3YV9hbnl0bW9ub3BvbG93YV9lbi5wZGY
  2. ↑ "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
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