Consolidation of the polish electricity sector. The merger law perspective
AbstractThis 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.
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Bibliographic InfoPaper provided by University Library of Munich, Germany in its series MPRA Paper with number 34893.
Date of creation: 2011
Date of revision:
Polish electricity sector; concentrations between electricity undertakings; vertical consolidation; preventive concentration control; special approval;
Find related papers by JEL classification:
- K21 - Law and Economics - - Regulation and Business Law - - - Antitrust Law
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- Schwalbe, Ulrich & Zimmer, Daniel, 2009. "Law and Economics in European Merger Control," OUP Catalogue, Oxford University Press, number 9780199571819.
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