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Ownership-neutral or ownership-blind? The case of Polish state-owned enterprises in EU merger control
Alexandr Svetlicinii
2022-03-31
Source PublicationJournal of Antitrust Enforcement
ISSN2050-0696
Volume10Issue:3Pages:547–568
Abstract

The article discusses the challenges associated with the assessment of economic concentrations involving state-owned enterprises (SOEs) under the European Union (EU) merger control. It reveals inconsistencies in ascertaining the exercise of and the (anti)competitive effects stemming from the state control over the SOEs caused by the strategic use of the ‘single economic unit’ concept in cases involving both European and non-European SOEs. Using the example of Poland and its economic statecraft, the article demonstrates how the use of various ownership-based and regulatory mechanisms employed by the State allows it to preserve control over strategic industries and enterprises. The study suggests that insufficient attention to the state ownership and state control in the EU merger control may create a risk of anti-competitive market distortions caused by the SOE-led industrial policies of the Member States to the detriment of the functioning of the internal market.

KeywordMerger Control State-owned Enterprises European Union Poland Industrial Policy Privatization
DOI10.1093/jaenfo/jnac005
URLView the original
Indexed ByESCI
Language英語English
WOS Research AreaGovernment & Law
WOS SubjectLaw
WOS IDWOS:000784751300001
PublisherOXFORD UNIV PRESSGREAT CLARENDON ST, OXFORD OX2 6DP, ENGLAND
The Source to ArticlePB_Publication
Scopus ID2-s2.0-85143520379
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Citation statistics
Document TypeJournal article
CollectionFaculty of Law
DEPARTMENT OF GLOBAL LEGAL STUDIES
Corresponding AuthorAlexandr Svetlicinii
AffiliationUniversity of Macau, Faculty of Law, Department of Global Legal Studies Avenida da Universidade, Taipa, 999078 Macao, SAR China
Recommended Citation
GB/T 7714
Alexandr Svetlicinii. Ownership-neutral or ownership-blind? The case of Polish state-owned enterprises in EU merger control[J]. Journal of Antitrust Enforcement, 2022, 10(3), 547–568.
APA Alexandr Svetlicinii.(2022). Ownership-neutral or ownership-blind? The case of Polish state-owned enterprises in EU merger control. Journal of Antitrust Enforcement, 10(3), 547–568.
MLA Alexandr Svetlicinii."Ownership-neutral or ownership-blind? The case of Polish state-owned enterprises in EU merger control".Journal of Antitrust Enforcement 10.3(2022):547–568.
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