Concentration of the Entrepreneurs on the Pharmaceutical Sector – European and Polish Competition Law

Responsible for controlling the concentration of entrepreneurs in the Polish competition law is the President of the Office of Competition and Consumer Protection. The activity on this area, the legal basis is the Act of 16 February 2007 on competition and consumer protection (Journal of Laws of 2007, No. 50, item 331). The President of the Office of Competition and Consumer Protection has authority to prevent creating entrepreneurs which have a dominant or a monopoly position. Also the Office’s main responsibility is to preventing strengthening of this positions. Ratio legis of this regulation is that consolidation of entrepreneurs may have negative effect on competition, on the internal and on the european market.  The notification requirement is relevant only with entrepreneurs which hold significant market shares. Entrepreneurs which have an intention to concentrate should notify this to the President of the Antimonopoly Office. The permit for the concentration is only possible if there will not be the restriction of competition. Pursuant to the Act on competition and consumer protection, entrepreneurs, the participants of the transaction are obligate to notify only when their turnover on the world market is more than 1 bilion euro or if their turnover on the internal market is more than 50 milion euro  in the year preceding the application. The President of the Office of Competition and Consumer Protection has also authority to impose a fine if there will be not a prior consent.  Polish law provides additionally control of the competition in the pharmaceutical sector on the basis of the Act of of 6 September 2001 Pharmaceutical Law (Journal of Laws of 2008, No. 45, item 271). Regional / Voivoideship Pharmaceutical Inspector has authority to may issue a permit in the case of entrepreneurs which are operate pharmacies and hold significant market shares (in a region / voivoideship). The subject of the authorisation by the Voivoideship Pharmaceutical Inspector is permission to operate pharmacy when it will not be a risk for a competition in a regional pharmaceutical sector.