ZMIANY W SYSTEMIE ORZEKANIA KAR PIENIĘŻNYCH W POLSKIM PRAWIE ANTYMONOPOLOWYM PO PRZYSTĄPIENIU POLSKI DO UNII EUROPEJSKIEJ
CHANGES IN A SYSTEM OF PENALTY PAYMENTS APPLIED IN THE POLISH ANTI-TRUST LAW AFTER POLAND’S ACCESSION TO THE EUROPEAN UNION

Summary/Abstract: The subject of the article is a problem of the basis for penalty payments application in Polish anti-trust law and the changes that were introduced in this field after Poland’s accession to the European Union. In the paper it is stated that there is a basic correlation of the Polish and the community regulations which results from harmonization the Polish anti-trust law with the community competition law, achieved in a course of Poland’s preparations to the EU accession. At the same time some dissimilarities of the Polish regulations on penalty payments existing in the pre-accession period were maintained also after 1 May 2004. One of such dissimilarities was the assumption made in the Polish anti-trust law that the scope of subjects on which such penalty payments may be imposed is much wider and includes not only entrepreneurs and their associations. Presenting changes in regulations on penalty payments introduced in a Polish system of anti-trust law as of 1 May 2004, the author distinguishes five basic categories of such changes. The first category encompasses changes which are a direct consequence of the act of accession. The second category covers changes being a direct consequence of further harmonization of the Polish anti-trust law with the community law principles. To the third category belong changes that realize the idea of enhancement of the institution and the anti-trust procedures (connected with increased aggravation of penalty thresholds). The fourth category constitutes changes that, according to the author, relate to penalties imposed on entrepreneurs only for failing to announce the intention to concentrate. The fifth category comprises changes consisting in introducing the principles of implementing leniency policy. Presenting these changes, the author compares the Polish and community law regulations and points out the need of further changes in a field of application principles of penalty payments in the Polish legal system, in particular by working out substantive law bases of leniency policy and procedural rules in that respect.

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