Control of concentration of entrepreneurs is a legal term for: merger, acquisition of control, acquisition of an organized part of property and creation of a new entrepreneur. Its task is to prevent excessive consolidation, which, if left uncontrolled, could lead to a significant restriction of competition on the market by acquiring or strengthening a dominant position.

The control of concentration of entrepreneurs, performed mainly by the President of the Polish Office of Competition and Consumer Protection, covers transactions that have or could have had a significant impact on the market in Poland. The task of the President of the Polish Office of Competition and Consumer Protection is, inter alia, issuing consents to carry out a specific concentration in order to prevent any restriction of competition on the market. The President of the Polish Office of Competition and Consumer Protection may also issue a decision prohibiting merger. However, it is worth noting that concentration can be allowed under certain conditions. An example of this is the resale of part of the property. The Polish Act on competition and consumer protection of February 16, 2007 also allows for the approval of a merger leading to a restriction of competition, in certain very strictly defined situations. It refers to such events as a result of which there will be economic development; technical progress or simply they will have a positive impact on the national economy.

In accordance with the above-mentioned Act, there may be cases in which there will be no need to notify the intent of the concentration to the Polish Office of Competition and Consumer Protection, because this action will have little impact on the market. It should also include cases where the turnover of the enterprise which is the object of the takeover on the territory of Poland in none of the two financial years preceding the notification was equal to or greater than the amount of EUR 10 million. If the entities belong to the same capital group, there is also no need to notify the concentration to the Polish Office of Competition and Consumer Protection.

If the concentration has been carried out, without prior consent from the Polish President of the Office of Competition and Consumer Protection, the President may take specific steps aimed at restoring the state of effective competition. This effect can be achieved by ordering the division of the entrepreneur / enterprises or ordering the resale of a part of the shares. The President of the Office may also impose a financial penalty of up to 10% of last year’s revenue of the said enterprise, to entities that took part in an unauthorized concentration.

What is concentration control about?

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More and more often, foreign clients of KIEŁTYKA GŁADKOWSKI KG LEGAL take part in online hearings as a part of civil lawsuits. This also applies to foreign witnesses in commercial proceedings conducted for foreign clients and settled by the Polish civil courts.

The widespread use of remote (online) questioning of witnesses results from a temporary change in the Polish civil procedure, which adapted the practice of conducting court cases in the realities of the pandemic. The proliferation of the practice of questioning witnesses has created the standard practice of summoning foreign witnesses in writing by document, which the Polish court delivers by conventional mail to the witness’ address and summons the witness to participate in the online hearing. The court in such a letter explains in great detail to the witness how and when the witness is to connect to the court online.

Due to the fact that the court informs the foreign witness in great detail about how the foreign witness is to connect online with the Polish court using a computer, KIELTYKA GLADKOWSKI KG LEGAL presents below the full content of the Polish Court’s summons and instructions.

It may turn out to be very helpful for foreign readers doing business in Poland, because this type of summons is very standard and is used in a very similar way by all Polish common courts.

The summons begins with the designation of the court by which the summons is issued. Full text of the summons together with instructions on the consequences of failure to appear online is presented below:

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Purpose of existence

The main task of the Polish Platform for Handling Investment Projects (POPI) is fast and accurate implementation of broadly understood investment projects, which is (as the Polish Ministry of Health maintains) one of the most important activities of the Ministry of Health. In order to bypass many entities that would be involved in the implementation of a given investment, the Ministry of Health brought to life the POPI platform, which automated the above-mentioned process and thus facilitated navigation in the area of investment projects and increased the number of investment projects implemented in the area of health. The platform for servicing investment projects of the Polish Ministry of Health is a place bringing together entities that are directly involved in the process of launching investment projects. As part of this platform, entities can apply for funds for any investment co-financed by the Ministry of Health. Additionally, the POPI platform can function as a place where applications are assessed, and the given investments are monitored and settled. It should also be remembered that mutual contact regarding the implementation of specific investments is also part of POPI.

The Investment Project Support Platform (POPI) is available at the following address:

e-inwestycje.mz.gov.pl

It is also important that in order to fully use the POPI platform, it is required to set up an account through a certified profile, and to submit the application with the use of a qualified electronic signature.

What can POPI enable?

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This text is an instruction on how to go through the electronic procedure on the KRS (National Court Register) Portal to set up a simple joint-stock company in the e-forms National Court Register application. We are going to show you a shortened and simplified procedure in few steps on which the applicant should (must) follow.

1. Log in on the Court Register Portal and open the  National Court Register e-forms application program home page.
2. In the application homepage, in the ‘Submit an application or an official letter’ section, on the ‘Applications’ tab, select the application category ‘Application for registration’ and click the [Go to the petition].
3. On the ‘Submit application’s’ screen, select the legal form of the entity ‘Companies’.
4. Select ‘Simple Joint- Stock Company’ from the list of available legal forms. On the screen will be displayed the first tab of the application entry form for entity registration in the register of entrepreneurs for a Simple Joint- Stock Company.
5. Complete the ‘Application name’ tab. Leave the name suggested by the system, modify it or input your own name of the application.
6. Complete the ‘Applicant/ Representative’ tab.

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Brand New Online Portal of the Polish Register of Entrepreneurs of the National Court Register

On 1^st July 2021 in Polish jurisdiction a revolutionary change has taken place. Namely, there has been amended an Act on the National Court Register (Journal of laws of 2021, item 112 as amended).[1] The amendment is about an introduction of an electronic registration procedure. Especially the form of filing applications for the entry in the Register of Entrepreneurs of the National Court Register will be changed.[2] The amendment mainly concerns the registration issue of the limited liability company and the partnerships.

The National Court Register Act amendment is caused by a necessity to implement the European Parliament directives and the EU’s Council directives on some of the company law aspects (2017/1132 EU; 2012/17/ EU, etc.).[3] The issue of the adaptation to the European Union law can be found in the first article (art.1) of the Amendment Act of the National Court Registration Act.

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