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Poland: new merger control rules
Law-Now Poland
19.06.2007
A guide to the new merger control rules, summarising the changes and explaining their practical implications, has been produced by our competition law team.
The changes form part of significant changes to Polish competition law introduced by the new Law on Competition and Consumers Protection, which we reported in our Law-Now on 19 March 2007. They include:
- a reduction in types of transaction that needs notification to the Competition Authority; and
- an increase in the turnover thresholds above which transactions have to be notified to the Competition Authority.
They are intended to allow the Competition Authority to concentrate on the more significant structural changes in the market, and allow businesses greater flexibility when entering into transactions with minimal competition implications. A number of them were designed to remove uncertainty from provisions or make procedures work more efficiently. Although the changes are largely positive, there are still some difficulties in interpreting some of the provisions. Also, the dualism of the merger control regimes (control by the European Commission or national authority depending on whether or not the transaction has a Community dimension) complicates the situation of business entities. They may be uncertain whether a particular transaction is notifiable at all, how to prepare the notification documents properly and which competition authority to send them to. Mistakes can lead to many problems, including delay and the need to deal with questions from one or other competition authority which might otherwise have been avoided.
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