VOL.
2012, 5(6)
The EMPiK and Merlin concentration prohibition:
Would the European Commission reach a similar verdict?
Case comment to the decision of the President of the Office for
Competition and Consumer Protection of 3 February 2011 –
Merlin....
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VOL.
2012, 5(6)
The EMPiK and Merlin concentration prohibition:
Would the European Commission reach a similar verdict?
Case comment to the decision of the President of the Office for
Competition and Consumer Protection of 3 February 2011 –
Merlin.
pl S.
A.
and NFI EMPiK Media & Fashion S.
A (DKK-12/2011)
CONTENTS
I.
Introduction
II.
Relevant markets
1.
UOKIK’s definition of the relevant markets
2.
Allegations that the relevant markets were wrongly defined
2.
1.
The purchasing process via traditional distribution channels and
via the Internet
2.
2.
Consumers’ characteristics
III.
Assessment of the concentration’s effect on competition
1.
Market shares
2.
Time factor in relation to the market of electronic trade
IV.
Breaches of procedural rules
V.
Conclusions
I.
Introduction
On 3 February 2011, the President of the Office of Competition and Consumer
Protection (the Polish national competition agency, hereafter referred to as the UOKiK
Less