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.  
| Scope extends to foreign corporations.<ref>Goyder, D. G., EC Competition Law, 4th ed. 2003, at 99.</ref>


|- class="categorydivision"
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| Private Enforcement
| Private Enforcement
| 3rd Party Initiation
| 3rd Party Initiation
| 1
| 0
| CR 1/2003, Article 12, says that any interested party can bring a violation to the attention of the Authority.
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|  
|  
| Remedies Available to 3rd Parties
| Remedies Available to 3rd Parties
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| 0
| CR 1/2003, Article 33, allows 3rd parties to file a civil suit for damages.
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| 3rd Party Rights in Proceedings
| 3rd Party Rights in Proceedings
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| Article 27(3) of CR 1/2003 affords evidentiary rights to 3rd parties. Also, 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."
| 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."


|- class="categorydivision"
|- class="categorydivision"
| Merger Notification<ref>The National Competition Authority will assess mergers under the National Competition Act. If the concentration affects trade between the Member States, the European Commission will assess the merger under Regulation 139/2004. See the coding for the European Commission for those provisions.</ref>
| Merger Notification
| Voluntary
| Voluntary
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| Mandatory
| Mandatory
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| Notification of mergers is mandatory.
| Notification of mergers is mandatory
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|  
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| Pre-merger
| Pre-merger
| 2
| 2
| Notification is required pre-merger.
| The Polish Competition Act requires notification pre-merger.  
 
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| Dominance
| Dominance
| 1
| 1
| Article 20 of the national Competition Act prohibits concentrations that strengthen a dominant position.
| Article 20 of the Polish Competition Act prohibits concentrations that strengthen a dominant position.  
 
 
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|-
|  
|  
| Restriction of Competition
| Restriction of Competition
| 1
| 1
| Article 20 of the national Competition Act prohibits concentrations that strengthen a dominant position.
| Article 20 of the Polish Competition Act prohibits concentrations that strengthen a dominant position.  
 
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|-
|  
|  
| Public Interest (Pro D)
| Public Interest (Pro D)
| 1
| 1
| The Authority will allow an otherwise impermissible merger to go through.
| The national Authority will allow an otherwise impermissible merger to go through  
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| Efficiency
| Efficiency
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| 1
| The Polish 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]
| 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."<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>
 
|- class="categorydivision"
|- class="categorydivision"
| Dominance
| Dominance

Revision as of 20:51, 16 August 2008

Score = 27

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 Scope extends to foreign corporations.[2]
Remedies Fines 1 Articles 13 and 19 of CR 1/2003 allow for fines for serious violations of the EU Competition Act. 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."[3]
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.[4]
Obstacles to Entry 1 Article 82 of the EU Treaty prohibits anti-competitive pricing schemes.[5]
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.[6]
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

  1. ↑ EU statutes and regulations available online from the European Competition Network, at http://ec.europa.eu/comm/competition/ecn/documents.html
  2. ↑ Goyder, D. G., EC Competition Law, 4th ed. 2003, at 99.
  3. ↑ "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
  4. ↑ EC Competition Law, at 97.
  5. ↑ Id, at 283.
  6. ↑ Id, at 97.
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