Consolidation of the polish electricity sector. The merger law perspective Report as inadecuate




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Abstract

This article deals first of all with the most important characteristics, in terms ofvolume and quality, of all of those decisions issued by the Polish competitionauthority that were the basis for vertical consolidation of the Polish electricitysector, for which the authority gave unconditional or special approval between 2003and 2007. This article also deals to a limited extent with the decision issued by thePolish competition authority prohibiting unconditionally the concentration of PGEand ENERGA, and which was referred for judicial review. This article attempts to verify the theory that the legal institution of special exceptional approval ofa concentration, in the form in which it is created in Polish merger legislationi.e. based mostly on the public interest test, but issued by the competitionauthority, is not the best formula for assessing whether there are legitimategrounds for consolidation, in particular consolidation of the Polish electricity sector.



Item Type: MPRA Paper -

Original Title: Consolidation of the polish electricity sector. The merger law perspective-

Language: English-

Keywords: Polish electricity sector; concentrations between electricity undertakings; vertical consolidation; preventive concentration control; special approval-

Subjects: K - Law and Economics > K2 - Regulation and Business Law > K21 - Antitrust Law-





Author: Skoczny, Tadeusz

Source: https://mpra.ub.uni-muenchen.de/34893/







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