Prywatnoprawny tryb egzekwowania zakazów praktyk ograniczających konkurencję
Private enforcement – it is possible?

Summary/Abstract: The division of law into public and private is one of the oldest ways of serving ordering system of law. The existence and operation of undistorted competition in the market has always been important for the state and constituted the basis for the intervention of public law. The result of activities affecting or threatening the mechanism of competition – and thus the public interest – is the application of sanction of a public nature. Article 1.1 of the Law of antitrust stresses that protecting the interests of businesses and consumers carried out on the basis of public interest. On the other hand, private entities granted an individual right to seek redress in respect of infringements of the rules of competition law. Such use of private-public law with the pedigree of rules of competition law – private enforcement of competition law – is the application of regulations on antitrust law for an individual investigation by private claims arising from infringements of competition law. The premise of this paper is the attempt to justify the applicability of public law for the purpose of civil claims.

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