Nowelizacja k.p.a. z 2017 roku a kary pieniężne za naruszenie zakazu praktyk ograniczających konkurencję
The 2017 Amendment to the Administrative Procedure Code and Fines for a Breach of the Prohibition of Competition Restricting Conduct

Summary/Abstract: This study is dedicated to fines imposed by the Polish competition authority (President of UOKiK) on the basis of Articles 106 and 106a of the Competition and Consumer Protection Act of 16 February 2007 in the context of general provisions regarding fines introduced by the 2017 amendment to the Administrative Procedure Code. The introduction presents the scope of the amendment of the Code and its relation to the provisions concerning proceedings before the Polish competition authority and to the imposition of fines by the President of UOKiK. The second part briefly describes positions of the judiciary and doctrine as to the legal nature of anti-trust fines. Part three presents the contents of the new section IVa of the Administrative Procedure Code; part four includes an assessment of the scope of the application of these provisions to antitrust fines imposed on the basis of the Competition and Consumer Protection Act of 2007. In the summary, the paper comments on the narrow scope of the application of the general provisions of the Code to fines and the impact of the general provisions on the assessment of the legal nature of anti-trust fines.

• Details
• Contents