Creation of a joint venture by competitors, or obtaining joint control over a competing company through acquisition of its shares, may give rise to significant antitrust risks. Obtaining approval for the transaction from the competition authority may not ensure legal safety when competitors intend to pursue joint business initiatives.
In the EU system of antitrust law, the European Commission and the member states are autonomous in their application of leniency programmes. The soft harmonisation via the European Competition Network’s Model Leniency Programme is not binding on national competition authorities.
An amendment to the Competition and Consumer Protection Act went into force on 18 January 2015. The changes are sweeping.
A communiqué from the European Commission on de minimis agreements exempt from TFEU Art. 101 has been published in the Official Journal of the European Union.
For the first time, the US Department of Justice has succeeded in extraditing an EU citizen on antitrust charges.
It is apparent from recent events that competition authorities, both in Poland and at the EU level, are seeking to eliminate violations through “amicable” methods of dispute resolution.