Keywords
group of companies, control of an undertaking, public contract award procedure, statement of an economic operator
Abstract
Individual undertakings comprising a ‘group of companies’ (specific economic unit) are, in some respects, treated differently than undertakings which are not members of such group. From the perspective of competition law, such different treatment is to be found in the area of concentrations as well as agreements. However, starting from 20th February 2013, undertakings must assess whether they are members of ‘groups of companies’, within the meaning of the newly amended Polish Competition Act, not only with respect to concentrations and agreements, but also in connection with their participation in public tender procedures. However, the definition of a ‘group of companies’ and its ‘components’ may make it difficult for a normal undertaking to assess clearly if the nature of its relationship with others should result in classifying them as a group of companies or not. This article identifies these problems as well as the consequences of an incorrect qualification as a group member, or not. The author attempts to unravel what could be done to minimize the associated risks.
Recommended Citation
Piszcz, A. (2013). Is this a ‘group of companies’ or is it not? Problems of qualification and their consequences. internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation), 2(3), 44-57. Retrieved from https://press.wz.uw.edu.pl/ikar/vol2/iss3/3
First Page
44
Last Page
57
Page Count
13
Publisher
University of Warsaw
