Poland (Decemeber 15, 2000)
Score = 27
Governed by: The Act on Protection of Competition and Consumers of 15 December 2000 (hereinafter referred to as “Competition Act”).[1]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 1 | Article 1 states that the Act applies to all actions that have effects on Poland. |
| Remedies | Fines | 1 | Article 101 enables President of the Office to impose fines. |
| Prison Sentences | 0 | ||
| Divestitures | 1 | Article 18(2) allows authority to divest merging parties. | |
| Private Enforcement | 3rd Party Initiation | 1 | 3rd party companies that are affected by the violations can initiate proceedings. |
| Remedies Available to 3rd Parties | 0 | ||
| 3rd Party Rights in Proceedings | 1 | Article 27(3) of Council Regulation No 1/2003 affords evidentiary rights to 3rd parties | |
| Merger Notification | Voluntary | 0 | |
| Mandatory | 3 | Article 13 requires notice of mergers over a certain turnover threshold[2] | |
| Pre-merger | 2 | Article 13 requires notice before the merger agreement has taken effect | |
| Post-merger | 0 | ||
| Merger Assessment | Dominance | 1 | Article 19 allows President of the Office for Competition and Consumer Protection to prevent a merger because of the potentially dominant position of the acquiring entity. |
| Restriction of Competition | 1 | Article 19 allows President of the Office to prevent a merger due to its restrictive impact on competition | |
| Public Interest (Pro D) | 0 | ||
| Public Interest (Pro Authority) | 0 | ||
| Other | 0 | ||
| Efficiency | 1 | Article 19 allows President of the Office to consent to an otherwise impermissible merger if it promotes economic development, technological
progress, or the national economy
| |
| Dominance | Limits Access | 1 | Article 8(2)(2) lists limiting production and markets as an abusive act. |
| Abusive Acts | 1 | Article 8 lists abusive acts by companies in a dominant position. | |
| Price Setting | 1 | Article 8 (2)(1) lists the imposition of prices as an abusive act (includes predatory pricing) | |
| Discriminatory Pricing | 1 | Article 8 (2) (3) prohibits imposing non-homogenous terms on similar transactions | |
| Resale Price Maintenance | 0 | ||
| Obstacles to Entry | 1 | Article 8(5) prohibits counteracting the formation of conditions necessary for the development of competition. | |
| Efficiency Defense | 0 | ||
| Restrictive Trade Practices | Price Fixing | 1 | Article 5(1) prohibits price fixing |
| Tying | 1 | Articles 5(5) prohibit tying | |
| Market Division | 0 | ||
| Output Restraint | 1 | Article 5(2) prohibits limiting production | |
| Market Sharing | 1 | Article 5 prohibits market sharing agreements | |
| Eliminating Competitors | 1 | Article 5 prohibits eliminating undertakings from the market. | |
| Collusive Tendering/Bid-Rigging | 1 | Article 5(7) prohibits collusive tendering. | |
| Supply Refusal | 0 | ||
| Efficiency Defense | 1 | Article 81(3) allows an efficiency defense |
References
- ↑ http://www.konsument.gov.pl/files/ccp_act.pdf
- ↑ 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 as requiring mandatory pre-merger notification.