Influence of the General Principles of Community Law on Polish Antitrust Procedure
Influence of the General Principles of Community Law on Polish Antitrust Procedure
Author(s): Marcin KolasińskiSubject(s): Business Economy / Management, Commercial Law
Published by: Wydawnictwo Naukowe Wydziału Zarządzania Uniwersytetu Warszawskiego
Keywords: competition; general principles of Community law; Community proceedings; right of defence; right to a fair hearing; statement of objections;decentralisation;
Summary/Abstract: This article presents the new legal problems related to the decentralization of the enforcement of Community competition law. The study shows that Regulation 1/2003 did not only give national antitrust authorities new rights and competences in that context but obligated them also to respect the general principles of Community law. This article contains an analysis of the first decisions issued by the UOKiK President on the basis of Community law and shows that the right of defence applicable to Polish proceedings differs from the standards developed by the European Commission and courts. The paper concludes with a number of suggestions concerning changes in Polish antitrust procedure regarding not only the application of Community law but also national provisions.
Journal: Yearbook of Antitrust and Regulatory Studies (YARS)
- Issue Year: 3/2010
- Issue No: 3
- Page Range: 29-51
- Page Count: 23
- Language: English
