Wpływ członkostwa Polski w Unii Europejskiej na prawo przedsiębiorców do wolności od samooskarżania w postępowaniach w sprawach praktyk ograniczających konkurencję prowadzonych przez Prezesa UOKiK
The impact of Poland’s membership in the European Union on the privilege of entrepreneurs against self-incrimination in proceedings concerning anticompetitive practices conducted by the Polish Competition Authority

Summary/Abstract: In 2024, Poland celebrates the twentieth anniversary of its membership in the European Union.This milestone presents a good opportunity to examine the development of Polish competitionlaw, including whether and how the procedures applied in Polish competition protection proceed-ings have been influenced by EU competition law. Although, according to the principle of proce-dural autonomy, Member States have the ability to shape their procedural rules independently,it appears that over the past twenty years, EU law has had an impact on national procedures,particularly through legal solutions adopted in Council Regulation (EC) No 1/2003, and later inDirective (EU) No 2019/1, as well as due to the case law of the CJEU. The aim of this articleis to answer the question of the impact of EU competition law on the compliance by the PolishCompetition Authority (the President of UOKiK) with entrepreneurs’ privilege against self-incrim-ination, in Polish national proceedings concerning anti-competitive practices.

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