KONCENTRACJA GOSPODARCZA JAKO FORMA WSPÓŁDZIAŁANIA GOSPODARCZEGO - UWAGI TEORETYCZNOPRAWNE
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Date
2000
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Wydział Prawa i Administracji UAM
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ECONOMIC CONCENTRATION AS A FROM OF ECONOMIC CO-OPERATION. SOME THEORETICAL AND LEGAL REMARKS
Abstract
Modem economic relations are characteristic of the globalisation and integration of co-operation
between economic entities. This co-operation should be understood as a combination of legal
relations inherent in economic activity between at least economic entities whose essence and
purpose involve the exchange of goods or services or the creation of conditions necessary for such
an exchange to occur.
There are a number of ways of classifying economic co-operation. The division of economic
co-operation into co-operative and co-ordinative forms is of key importance to economic practice.
Co-operative forms are characteristic of the co-operation of entities without their losing their legal
or decision-making independence in economic activity. The concentration form arises when economic
co-operation assumes the character of an economic group wherein units of greater and lesser
importance can be distinguished. Action by the unit o f greater importance are intended to subordinate
the whole or a significant part of the activity by merged enterprises to uniform management
that functions based on the controlling share in capital or an economic agreement. It must
be stressed that economic concentration does not always mean the loss of legal independence - for
example, shipping conferences.
In consequence, economic concentration should be understood as a complex integrative
process of entities legally independent and separate from one another that involves progressive concentration of their economic power, capital, property and production within one economic group
wherein a unit importance is distinguished to carry out uniform management and direct or indirect
control of a capital nature and/or by force an economic agreement over units of lesser importance
of this group through winning a dominant position with regard to other market players. Concentration
is also used to refer to the final stage of establishing an economic group and winning
a dominant position over other market players following the concentration process as well as
individual stages necessary to obtain this position.
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Ruch Prawniczy, Ekonomiczny i Socjologiczny 62, 2000, z. 2, s. 87-105