Przeszukanie w prawie antymonopolowym i praktyce Prezesa Urzędu Ochrony Konkurencji i Konsumentów
A search in the antitrust law and practice of the President of UOKiK

Summary/Abstract: A search is a set of activities that interfere with essential constitutionally protected goods of a basic nature, such as property, privacy, inviolability ofthe entrepreneur’s seat and freedom of economic activity. The nature andimportance of these rights and freedoms indicate that the investigative acti-vities of the President of UOKiK should maintain a high, multi-faceted stan-dard of procedural justice.The aim of the article was to investigate the detailed regulations of thesearch institution in the antitrust law and the problems with their applicationin the practice of the President of UOKiK, especially in the context of the ef-fectiveness of the search as an instrument of searching for evidence.It should be concluded that, in the current form, the formal regulations ofthe search procedure seem to be adequate to the standards of protection of thefundamental rights of entrepreneurs developed in the jurisprudence of theECtHR. However, the guarantees of the protection of rights are also assessedaccording to qualitative criteria, to effectively and realistically ensure theprotection of entrepreneurs against the risk of abuse of power. And here, de-spite the positive changes, there are visible shortcomings of the authority’spractice, especially in terms of defining the subject and time scope of a searchtoo broadly, as well as the actual expansion of the authority’s empire by usur-ping access to all electronic data of the searched person.

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