The following Competition guidance note Produced in partnership with Gide Loyrette Nouel provides comprehensive and up to date legal information covering:
A conversation with Szymon Chwaliński, associate in the Warsaw office of international law firm Gide Loyrette Nouel on key issues on merger control in Poland.
NOTE–to see whether notification thresholds in Poland and throughout the world are met, see Where to Notify.
Poland's last major overhaul of its merger control regime came in 2015 when a two-stage procedure was introduced. Transactions not raising competition concerns can now be cleared within one month of notification. More complex mergers requiring an in-depth competitive assessment have to enter the second stage, lasting an additional four months. The Office of Competition and Consumer Protection (OCCP) is authorised to initiate the second stage if a transaction is particularly complex, if the data collected during the first stage substantiates the risk that the merger will lead to a significant impediment of competition or if market tests are required to properly assess the effects of the merger. In spite of the statutory deadlines, the existing ‘stop the clock’ mechanism, which provides for the suspension of deadlines pending additional information being submitted, remains in place. Therefore, in practice the merger
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