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Business concentrations – EU and Polish rules

Publication date: January 21, 2026

Business concentrations are common and significant phenomena that constitute a part of modern economic activity. They include takeovers, mergers, the acquisition of assets, and even the creation of joint ventures. Their primary goal is typically to develop companies and increase competitiveness and efficiency. They can also lead to a restriction of market competition. Therefore, the legislature has introduced the obligation to notify the President of the Office of Competition and Consumer Protection (UOKiK) of any intended concentration in cases where it may affect competition conditions in Poland. This article will discuss when an enterprise must notify the President of the Office of Competition and Consumer Protection (UOKiK), what information should be included, and the procedure conducted by the President of the UOKiK.

Reporting the intention to concentrate

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Direct investments – EU and Polish regulations

Publication date: January 20, 2026

Foreign direct investment (also known as FDI) is a form of capital investment in which an investor from one country acquires a permanent stake in a particular enterprise operating in a foreign market, thereby gaining real influence over its operations. This cash flow is long-term and serves not only to generate financial profits but also to provide operational and strategic control over the foreign entity. Through foreign investment, the investor can acquire a significant stake in the company’s ownership structure, and therefore hold at least 10% of the company’s share capital. Often, the decision to conduct such investments involves more than just transferring capital; the investor also invests resources, modern technology, and management staff, ensuring the efficient operation of the foreign entity. These investments can take various forms, from the construction of new plants to the acquisition of existing enterprises. In each of these situations, the investor is responsible for managing and shaping the entity’s market situation, which is the difference between foreign direct investment and passive forms of capital investment. Moreover, unlike short-term investments, FDI typically represents a long-term commitment to a specific foreign market, requiring compliance with specific regulations and meeting various requirements. Investors must primarily consider the target country’s political stability, the availability of qualified labor, and the potential for economic growth. Foreign direct investment currently constitutes one of the foundations of globalization and the integration of global markets.

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Possibilities of imposing penalties on individual members of the management board for unfair competition practices – legal environment and examples

Publication date: January 20, 2026

In the Polish legal system, competition protection regulations, particularly the Act of 16 February 2007 on Competition and Consumer Protection provide for the possibility of imposing financial penalties not only on enterprises but, since the amendment to the 2015 Act, also on individuals managing enterprises. In recent years (in fact, such a sanction was first applied in 2020), the President of the Office of Competition and Consumer Protection (UOKiK) has been increasingly using this mechanism. This article will discuss key legal provisions concerning the liability of managers and the practices of administrative bodies in imposing sanctions.

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Does your company deal with microplastics? Beware of new regulations!

Publication date: January 20, 2026

Analysis of Commission Regulation (EU) No 2023/2055

EU Commission Regulation 2023/2055 expands Annex XVII of Regulation (EC) 1907/2006 (REACH) by adding entry 78. Annex XVII consists of a list of organic substances to varying degrees. Regulation 2023/2055 was introduced to restrict the use of synthetic polymer microparticles, often referred to as microplastics. However, it should be noted that the definition in the Regulation is broader than the commonly understood definition of microplastics. This initiative aims to reduce their release into the environment, as it is estimated that currently 42,000 tons of intentionally added microplastics enter the environment each year. The Regulation entered into force in 2023, but many provisions will not enter into force until the coming years.

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New rules issued by the Polish Minister of Finance on conditions that must be met by the regulated market and auction platform

Publication date: January 19, 2026

A regulated market is a system for trading in financial instruments admitted to trading. It operates according to the rules established by the entity operating the market and is supervised by the Polish Financial Supervision Authority. It is the most formal and strictly regulated type of market. It must be based on transparency, equal access, and disclosure requirements. Shares, bonds, and other securities are permitted on the market. The goal of this market is to ensure safe and fair trading in financial instruments. Market participants include banks, companies, investment firms, and investors.

An auction platform is a specialized type of organized market. It is used for the sale of specific instruments – most commonly CO2 emission allowances—through auctions. The Act of 29 July 2005 on Trading in Financial Instruments is one of the most important legal acts of the Polish capital market. It regulates the operation of the securities and other financial instruments trading market, as well as the activities of investment firms, stock exchanges, trading platforms, and financial supervision. Pursuant to the Act on Trading in Financial Instruments, the Regulation of the Minister of Finance was issued on July 23, 2025, amending the Regulation of April 12, 2019, on detailed conditions that must be met by the regulated market and the auction platform.

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