Poland (February 16, 2007): Difference between revisions

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Line 11: Line 11:
| 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"
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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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| 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
| Article 6(2) prohibits "limiting or controlling production."  Article 6(6) prohibits "limiting access."
|  
|  


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


|-
|-
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|  
|  
| 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"
|}
|}

Revision as of 23:54, 10 February 2008

Score = INCOMPLETE

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 0
Prison Sentences 0
Divestitures 0
Private Enforcement 3rd Party Initiation 0
Remedies Available to 3rd Parties 0
3rd Party Rights in Proceedings 0
Merger Notification Voluntary 0
Mandatory 0
Pre-merger 0
Post-merger 0
Merger Assessment Dominance


Restriction of Competition 0
Public Interest (Pro D) 0
Public Interest (Pro Authority) 0
Other 0
Efficiency 0


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 0
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 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 0
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