NADZÓR ADMINISTRACYJNOPRAWNY JAKO FORMA RELACJI OKREŚLAJĄCA ODDZIAŁYWANIE PAŃSTWA NA PROCESY KONCENTRACJI PRZEDSIĘBIORCÓW
LEGAL ADMINISTRATIVE OVERSIGHT AS A FORM OF RELATION DETERMINING STATE INFLUENCE ON CONCENTRATION ENTERPRENEURS PROCESSES

Summary/Abstract: Forming a task founding the existence of the antimonopoly legislation takes place – among others – through creating appropriate means of administrative and legal oversight over the processes of concentration of business entities. Those means constitute an essential element of the entire, broadly understood, mechanism of protection of competition, in addition to the oversight instruments preventing the abuse of market domination by the business entities that use practices or conclude agreements restricting the competition. Constructed in a multidimensional way, in particular, this oversight aims at preventing the creation of such market structure that – in the future – may favour abusing, by the business entities participating in an intended concentration, the market domination over its other participants. Due to the above statement, it constitutes more efficient method of preventing the practices restricting the competition which are disadvantageous for the consumers. Entirely, uncontrolled processes of concentration could efficiently restrain the competition, with all resulting negative consequences for the economy as such. The state, with the power of its decisions, can forbid or permit to carry out an intended concentration. The final decision, conditioned by an assertion of the disadvantageous influence or – on the contrary – assertion of the lack of such influence of a particular concentration being examined on the state of competition in the economy, is based on the essential objective which determines the existence of the antimonopoly legislation – the interest of consumers. Act on Protection of Competition and Consumers enacted on December 15, 2000, creates legal mechanisms of preventive and repressive form of supervision. The mechanism of preventive oversight shall be recognised as more efficient mean, in its essence, in the implementation of the tasks and the objective assumed by the law. Preventing the creation of structures that could – in the future – abuse the already possessed position become the basic assumption of administrative and legal oversight over the processes of concentration.

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