Poland/EU, 2007: Difference between revisions

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New page: '''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...
 
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| Articles 13 and 19 of CR 1/2003 allow for fines for serious violations of the EU Competition Act.
| 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.


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| Article 7 of CR 1/2003 allows for structural remedies.
| Article 7 of CR 1/2003 allows for structural remedies.  Article 21 of the Polish Competition Act enables divestiture of an improper merger.


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| Article 7(1) of CR 139/2004 requires notification.<ref>The new merger notification guidelines implemented by Council Regulation 139/2004 give undertakings the ability to request exemption from notification requirements.  However, because a formal request must be submitted and approved in order to gain exemption, the new notification guidelines are encoded here as requiring mandatory pre-merger notification.</ref>
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| Article 7(1) of 139/2004 requires pre-clearance.
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| Article 2(1) of CR 139/2004 considers dominance.
| Article 20 of the national Competition Act prohibits concentrations that strengthen a dominant position.
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| Article 2(1) of CR 139/2004 considers the interests of intermediate and ultimate consumers.
| Article 20 of the national Competition Act prohibits concentrations that strengthen a dominant position.
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| Article 2(1) of CR 139/2004 considers the development of technical and economic progress.
| The Authority will allow an otherwise impermissible merger to go through.
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| Article 2(1) of CR 139/2004 allows an efficiency defense.
| 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]
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Revision as of 18:48, 14 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 1 CR 1/2003, Article 12, says that any interested party can bring a violation to the attention of the Authority.
Remedies Available to 3rd Parties 1 CR 1/2003, Article 33, allows 3rd parties to file a civil suit for damages.
3rd Party Rights in Proceedings 1 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."
Merger Notification Voluntary 0
Mandatory 3 Notification of mergers is mandatory.
Pre-merger 2 Notification is required pre-merger.
Post-merger 0
Merger Assessment Dominance 1 Article 20 of the national Competition Act prohibits concentrations that strengthen a dominant position.
Restriction of Competition 1 Article 20 of the national Competition Act 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 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]
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

  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. ↑ EC Competition Law, at 97.
  4. ↑ Id, at 283.
  5. ↑ Id, at 97.
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