Law firm in front of an Office of Competition and Consumer Protection

Duraj&Reck and Partners have submitted two applications to Office of Competition and Consumers Protection concerning the plans of concentrations between companies. A merger of big companies must be reported to Office of Competition and Consumers Protection?s chairman, who examines whether as result of the merger, the competition on the market is not be threatened.

It might turn out that as a result of merger or acquisition, company becomes so strong, that its position threats competitors, which in consequence might have adverse effect on other companies and consumers. If Office of Competition and Consumers Protection?s chairman discerns such threat he may issue a decisions prohibiting such an action or he can allow partial concentration only. The companies must abide by the decision of chairman, otherwise severe penalties apply. Importantly, according to polish law, chairman my consent implicitly: the lack of response of the chairman office within specified period of time, in case of notified concentration?s plan is considered as a consent.