Legal framework on conditional approvals of concentrations after the recent amendment – can it meet the expectations of the entrepreneurs? Cover Image

Regulacja prawna zgody warunkowej na dokonanie koncentracji po nowelizacji
Legal framework on conditional approvals of concentrations after the recent amendment – can it meet the expectations of the entrepreneurs?

Author(s): Paulina Korycińska-Rządca
Subject(s): Business Economy / Management, Commercial Law
Published by: Wydawnictwo Naukowe Wydziału Zarządzania Uniwersytetu Warszawskiego
Keywords: control of concentration; conditional decision; conditions; review clause

Summary/Abstract: This paper presents selected amendments to Polish rules on conditional approvals of concentrations that came into force on 18 January 2015. Discussed first are provisions authorizing the President of UOKiK to postpone the disclosure of this part of the conditional clearance decision which sets out the deadline for the implementation of the conditions imposed upon the entrepreneur. Analyzed next is the NCA’s ability to change the conditional clearance decision at the request of the entrepreneur after the decision has been issued. Subsequently, the procedure is presented for the negotiation of conditions to be imposed upon the notifying entrepreneurs. The last part of the paper contains an assessment of the introduced amendments and de lege ferenda proposals.

  • Issue Year: 4/2015
  • Issue No: 4
  • Page Range: 57-68
  • Page Count: 12
  • Language: Polish