Poland (February 16, 2007): Difference between revisions
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'''Score = | '''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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| Obstacles to Entry | | Obstacles to Entry | ||
| | | 1 | ||
| | | Article 9(5) prohibits "counteracting formation of conditions necessary for the emergence or development of competition" | ||
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| Line 188: | Line 188: | ||
| | | | ||
| Eliminating Competitors | | Eliminating Competitors | ||
| | | 1 | ||
| | | Article 6(6) prohibits "eliminating from the market undertakings" | ||
|- | |- | ||
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
- ↑ http://www.uokik.gov.pl/download/Z2Z4L3Vva2lrL2VuL2RlZmF1bHRfb3Bpc3kudjAvMjkvMS8xL3VzdGF3YV9hbnl0bW9ub3BvbG93YV9lbi5wZGY
- ↑ "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