02.04.2025 | Polish competition authority
The President of the Polish Competition Authority has announced updates to the guidelines regarding merger control, which will simplify the process for businesses by decreasing the number of transactions that require notification to the authority.
These changes are designed to align the authority's actions with the current market situation and to limit the number of mergers that need to be reported to only those that have real effects in Poland. The updated guidelines clarify that certain extraterritorial transactions, such as the establishment of joint ventures, do not need to be reported if they do not have an impact on Polish territory and if the new entity does not plan to operate in Poland within the next three years.
This is part of a series of recent updates aimed at assisting businesses and their representatives. The changes introduced in October 2024 more clearly define the criteria under which foreign mergers may have effects in Poland and thus require the authority's oversight. As a result, there has been a noticeable decrease in the number of such mergers that need to be reported.
The President of the Polish Competition Authority, Tomasz Chróstny, stated that the goal of these updates is to reduce the bureaucratic burden on businesses by limiting mandatory notifications to those that have actual effects in Poland. The authority is also offering consultations with its staff before the submission of merger applications and organizing workshops for legal firms to help eliminate formal deficiencies that can prolong the approval process for mergers and acquisitions.
While the law does not provide a formal pre-notification process, businesses are encouraged to meet with the authority's staff for particularly complex cases before submitting their transactions. Additionally, businesses can seek interpretations of the merger control regulations and the required information and documentation from the authority.
Workshops for legal representatives will focus on common mistakes and deficiencies in submitted applications, which have been identified as a major cause of delays in proceedings. These workshops will take place on three dates this year: April 29, June 5, and September 25, 2025, at the authority's headquarters in Warsaw, with options for online participation.
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