Poland (April 16, 1993)

Score = 5 The Act on Combating Unfair Competition of April 16 1993 (hereinafter referred to as "Unfair Competition Act”) and the Act of 24 February 1990 on counteracting monopolistic practices and the protection of consumers' interest of February 24, 1990 ((hereinafter referred to as "Antimonopoly Act")

Category	Subcategory	Score	Comment
Scope	Extraterritoriality	0
Remedies	Fines	1	The Antimonopoly Act allows for the imposition of fines for violations of its provisions.
	Prison Sentences	0
	Divestitures	1	The Antimonopoly Act allows for divestiture for violations of its provisions.
Private Enforcement	3rd Party Initiation	1	Article 27.1 allows an injured party to file a motion to institute proceedings for breaches of the Unfair Competition Act.
	Remedies Available to 3rd Parties	1	Article 18.1 enables injured "entrepreneurs" to seek civil reprieve for breaches of the Unfair Competition Act.
	3rd Party Rights in Proceedings	0
Merger Notification	Voluntary	0
	Mandatory	3	The Antimonopoly Act made merger notification required.
	Pre-merger	2	The Antimonopoly Act made merger notification required.
	Post-merger	0
Merger Assessment	Dominance	0
	Restriction of Competition	0
	Public Interest (Pro D)	0
	Public Interest (Pro Authority)	0
	Other	0
	Efficiency	0
Dominance	Limits Access	1	The Antimonopoly Act prohibits "limiting, despite having the capacities, of production, sales or purchase of goods, in particularly in a way leading to an increase of sales prices or decrease of purchasing prices"
	Abusive Acts	1	The Antimonopoly Act prohibits "abuse of dominant market position
	Price Setting	1	Article 15.1(1) of the Unfair Competition Act prohibits predatory pricing. The Antimonopoly Act prohibits "unfair price-making."
	Discriminatory Pricing	0
	Resale Price Maintenance	0
	Obstacles to Entry	0
	Efficiency Defense	1	The Antimonopoly Act allows consideraton of whether an agreement is "necessary in order to pursue business activity and did not cause a significant competitive restraint."
Restrictive Trade Practices	Price Fixing	1	The Antimonopoly Act prohibits "trade restraints aimed at price increases"
	Tying	1	The Antimonopoly Act prohibits "making the conclusion of the contract dependent on the other party accepting or performing other services, which are not related to the subject of the contract"
	Market Division	1	The Antimonopoly Act prohibits agreements that divide markets along geographic lines
	Output Restraint	1	The Antimonopoly Act prohibits agreements "setting or limiting production"
	Market Sharing	0
	Eliminating Competitors	1	The Antimonopoly Act prohibits agreements that are "eliminating competition."
	Collusive Tendering/Bid-Rigging	0
	Supply Refusal	1	Article 15.1(2) of the Unfair Competition Act prohibits "enticement of third parties to refuse to sell to other entrepreneurs or to purchase goods or services from other entrepreneurs." The Antimonopoly Act prohibits the "refusal to sell . . . goods"
	Efficiency Defense	0