Keywords
interlocking directorates, merger control, corporate group
Abstract
Interlocking directorates (“IDs”) refers to a practice of members of a corporate board of directors serving on the boards of more than one corporation. There is no uniform approach to IDs in different legal systems. Under Polish law, ID is an element of the definition of the acquisition of control. The subject matter of the paper is critical analysis of historical development of regulation of IDs under Polish law, current rules governing IDs under Polish law and decisional practice of Polish Competition Authority in that respect. In the author’s view, current Polish antitrust rules on IDs are flawed because they consider the mere existence of ID as a measure enabling exercise of control over undertaking. The paper provides more detailed analysis on the relationship between ID and the concept of control. It also provides ideas how to properly understand IDs under the current Polish law as well as it shows how the regulation of IDs should be reformed.
Recommended Citation
Bielecki, A. (2016). Interlocking directorates under Polish competition law. internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation), 5(7), 28-46. https://doi.org/10.7172/2299-5749
First Page
28
Last Page
46
Page Count
18
DOI
10.7172/2299-5749
Publisher
University of Warsaw
