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Consolidation of the polish electricity sector. The merger law perspective

Author

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  • Skoczny, Tadeusz

Abstract

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

Suggested Citation

  • Skoczny, Tadeusz, 2011. "Consolidation of the polish electricity sector. The merger law perspective," MPRA Paper 34893, University Library of Munich, Germany.
    • Handle: RePEc:pra:mprapa:34893
    as

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    File URL: https://mpra.ub.uni-muenchen.de/34893/1/MPRA_paper_34893.pdf
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    References listed on IDEAS

    as
    1. Schwalbe, Ulrich & Zimmer, Daniel, 2009. "Law and Economics in European Merger Control," OUP Catalogue, Oxford University Press, number 9780199571819.
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    More about this item

    Keywords

    Polish electricity sector; concentrations between electricity undertakings; vertical consolidation; preventive concentration control; special approval;
    All these keywords.

    JEL classification:

    • K21 - Law and Economics - - Regulation and Business Law - - - Antitrust Law

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