Znaczenie zastrzeżeń wobec zgłoszonej koncentracji w postępowaniach przed Prezesem UOKiK i ich podobieństwo do Statement of Objection
The importance of ‘reservations’ regarding a notified concentration in proceedings before the President of UOKiK and their similarity to the Statement of Objection

Summary/Abstract: The institution of ‘reservations’ towards a concentration of entrepreneurs exists in the Polish law since 18 January 2015, it was introduced into the 2007 Act on the protection of competition and consumers by the Amending Act of 10 June 2014. There are two different positions of doctrine concerning the relation of Polish ‘reservations’ and the EU ‘Statement of Objection’ (SO) – list of objections presented in proceedings conducted by the European Commission with respect to concentrations with community dimension. Statements of objections are regulated in Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations. The paper argues that they are not identical institutions, since they perform different roles in merger proceedings and are applied at different stages of these proceedings. Reservations were repeatedly filed by the President of UOKiK towards concentrations that could lead to the creation of a dominant position on the market by the entrepreneur which applied for clearance.

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