The Consistency of Polish Competition Law with ICN Recommendations – the Example of the Merger Notification Obligation

The article presents the Polish regulation on the merger notification obligation in the context of the ICN Recommendations. The analysis is limited to substantive provisions and the merger procedure is not covered. The article aims to identify the extent to which the Polish provisions comply with internationally recognised recommendations. First it introduces the International Competition Network and its soft law documents related to the merger notification obligation. The next part describes the Polish system merger control, i.e. basic concepts and relevant historical developments. This is followed by a detailed analysis of the substantive regulation of the obligation. The article discusses turnover criteria, substantive criteria and exemptions to the notification obligation. It is then confronted with the ICN Recommendations. The comparison proves that the Polish merger obligation regulation has developed independently of the ICN Recommendations, and that there are visible discrepancies between the Polish provisions and the ICN soft law. It is argued that several amendments to the Polish provisions are needed. The ICN Recommendations may assist in this process, but most importantly it should address the real needs of the effectiveness of the Polish system of merger control. The article highlights that the ICN lacks an effective system of compliance scrutiny, and that this may undermine the overall achievements of the network. It is suggested that peer review should be implemented and that the broader engagement of OCCP officials in the works of the ICN and other transgovernmental networks is required.