Kontrola koncentracji w świetle ostatnich zmian ustawowych
Control of concentrations in the light of latest legislative amendments

Summary/Abstract: This article provides a critical analysis of the latest legislative amendments concerning Polish proceedings on the control of concentrations. The Author indicates that the latest amendments to the Act on Competition and Consumers Protection did not, in fact, introduce a two-phase system of merger control proceedings (along the lines of those conducted before the European Commission and in several EU Member States). Subsequently, the Author critically evaluates the newly created institution of objections towards a concentration indicating, in particular, that it does not ensure proper protection of procedural rights of interested parties. The Author claims also that the procedure of introducing conditions, which allows the UOKiK President to clear a concentration, requires further amendments. In conclusion, the Author indicates five most important areas relating to concentration control which require urgent legislative amendments in Poland. These are: (i) the scope of concentration control (such as the exclusion of non-full-function joint ventures); (ii) cooperation with the European Commission in the scope of case referrals; (iii) protection of procedural rights of entities taking part in the concentration as well as of interested 3rd parties; (iv) the decision-making process within the competition authority (including the introduction of collective decision-making elements to the current process); (v) issues concerning extraordinary decisions stipulated in Article 20 point 2 of the Competition Act.

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