Global Competition Law is primarly a practitioner's guide presenting the most salient aspects of the major competition laws country by country, giving an overview of their structure and most charasteristic elements.
Global Competition Law also provides insight into possible future developments in the field.

Global Competition Law

A concentration is deemed to exist in the event of a:
- merger between two or more independent undertakings;
- taking over by acquiring or taking up stocks, other securities or shares, or in any other way, direct or indirect control over one or more undertakings by one or more undertakings;
- creation by undertakings of one joint undertaking; or
- acquisition by the undertaking, of a part of anoth …

Concept of concentration

The provisions dealing with merger control are set out at Title III of the Competition Act, Sections 13-23. They were amended in June 2014 in order to streamline proceedings. The new provisions entered into force on 18 January 2015.

Context

A concentration is deemed to exist in the event of a:

- merger between two or more independent undertakings;

- taking over by acquiring or taking up stocks, other securities or shares, or in any other way, direct or indirect control over one or more undertakings by one or more undertakings;

- creation by undertakings of one joint undertaking; or

- acquisition by the undertaking, of a part of another undertaking's property (the entirety or part of the undertaking).

A concentration is subject to notification where the combined turnover of the participating undertakings in the year before concentration exceeds either:

However, notification is not required where the turnover on Polish territory of the acquired undertaking does not exceed EUR 10 million in either of the two financial years preceding the notification. Since the 2014 amendments, two new types of transactions are exempted from notification: mergers and creations of joint ventures where none of the parties has a turnover in Poland in excess of EUR 10 million.

The method for calculating turnover is set out in the Regulation of the President of the Council of Ministers of 17 July 2007 concerning the method of calculation of the turnover of undertakings participating in the concentration.

Thresholds

A merger will only be cleared if it does not lead to significant restriction on competition on the market, notably by the creation or strengthening of a dominant position.

  In such cases, the President of the Office must nonetheless authorize a concentration if waiving the prohibition is justified, and in particular where the concentration contributes to the economic development or technical progress, or may have a favorable impact on the national economy.

Global Competition Law

559. Concept of concentration

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Les notions juridiques connexes

559. Concept of concentration

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise