Keywords
merger control, merger review, UOKiK, National Broadcasting Council, minister responsible for internal affairs, pharmaceutical inspection, radio-television concession, acquiring real estate by foreigners, protection of small business, protection of the Polish capital
Abstract
The author lists and analyzes those provisions of the Polish Law on Radio and Television, the Law on Acquiring Real Estate by Foreigners and the Pharmaceutical Law, which grant competences to review mergers to, respectively: the President of the National Broadcasting Council, minister responsible for internal affairs and regional (voivodships’) pharmaceutical inspectors. In particular, the author focuses on the fact that the criteria for the review of such mergers’ legality, as well as the objectives of merger control performed by these specialized administrative bodies, differ from those considered during competition law based merger control performed by the President of the Office of Competition and Consumer Protection. Discussed are problems related to the interpretation of legal provisions on non-competition law based merger control resulting from attempts by companies to bypass them. It is argued that entrepreneurs often try to escape such control through the creation of multilevel corporate vehicles. The author proposes such interpretation of the discussed provisions that will prevent companies from doing so and will thus be consistent with the intention of the legislator.
Recommended Citation
Semeniuk, P. (2016). Non-competition law based review of mergers on audiovisual, real estate and pharmaceutical markets. internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation), 5(1), 25-35. Retrieved from https://press.wz.uw.edu.pl/ikar/vol5/iss1/2
First Page
25
Last Page
35
Page Count
10
Publisher
University of Warsaw
