Poland/EU, 2007: Difference between revisions
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| Extraterritoriality | | Extraterritoriality | ||
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| | | EU law governs whenever conduct has effects on trade between Member States pursuant to Article 3 of Regulation 1/2003. | ||
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| Fines | | Fines | ||
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| 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. | ||
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Latest revision as of 23:44, 16 August 2008
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.[1]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 1 | EU law governs whenever conduct has effects on trade between Member States pursuant to Article 3 of Regulation 1/2003. |
| Remedies | Fines | 1 | Article 106 of the Polish Competition Act allows fines to be imposed for competition violations. |
| Prison Sentences | 0 | ||
| Divestitures | 1 | Article 7 of CR 1/2003 allows for structural remedies. Article 21 of the Polish Competition Act 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 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." | |
| Merger Notification | Voluntary | 0 | |
| Mandatory | 3 | Notification of mergers is mandatory | |
| Pre-merger | 2 | The Polish Competition Act requires notification pre-merger. | |
| Post-merger | 0 | ||
| Merger Assessment | Dominance | 1 | Article 20 of the Polish Competition Act prohibits concentrations that strengthen a dominant position.
|
| Restriction of Competition | 1 | Article 20 of the Polish Competition Act prohibits concentrations that strengthen a dominant position.
| |
| Public Interest (Pro D) | 1 | The national Authority will allow an otherwise impermissible merger to go through | |
| Public Interest (Pro Authority) | 0 | ||
| Other | 0 | ||
| Efficiency | 1 | 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."[2] | |
| 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.[3] | |
| Obstacles to Entry | 1 | Article 82 of the EU Treaty prohibits anti-competitive pricing schemes.[4] | |
| Efficiency Defense | 0 | ||
| 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.[5] | |
| 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
- ↑ EU statutes and regulations available online from the European Competition Network, at http://ec.europa.eu/comm/competition/ecn/documents.html
- ↑ "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
- ↑ EC Competition Law, at 97.
- ↑ Id, at 283.
- ↑ Id, at 97.