A conversation with Agnieszka Starzyńska, counsel in the Warsaw office of international law firm CMS on key issues on merger control in Poland.
NOTE–to see whether notification thresholds in Poland and throughout the world are met, see Where to Notify.
1. Have there been any recent developments regarding the Polish merger control regime? What are the main points of interest and are any further updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Poland?
The last major amendments that were introduced to the Polish merger control regime came into force in 2015 and related to the introduction of two-stage proceedings (ie Phase 1 and Phase 2).
In the majority of cases, if there are no significant horizontal or vertical overlaps between the participating undertakings on the relevant markets, the merger notification is resolved in Phase 1. In cases that are more complex or raise competition doubts, the Polish Competition Authority (OCCP) has the power to open an in-depth investigation (Phase 2). The most recent data published by the OCCP concerns 2022, according to this report the Phase
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Jurisdiction(s):
United Kingdom
Key definition:
Merger control definition
What does Merger control mean?
The merger control rules of the UK are contained in the enterprise Act 2002, as amended. Under the UK merger control rules, the competition and markets authority has jurisdiction to review both completed and anticipated merger transactions provided there is a ‘relevant merger situation’. The UK rules do not generally apply to mergers in relation to which the European Commission has exclusive jurisdiction under the EU Merger Regulation. Where the transaction falls within the scope of any national or supranational (eg the EU or COMESA) merger control rules, it is common for the parties to the agreement to agree that the transaction shall be conditional upon merger control approvals having been received and no relevant competition authority having raised objections to the transaction (Enterprise Act 2002).
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