Raz, dwa, trzy, niezależny będziesz ty... O konieczności szerszego spojrzenia na niezależność polskiego organu antymonopolowego w świetle dyrektywy ECN+
One, three and two, and independent will be you... On the necessity of the wider analysis of independence of Polish National Competition Authority in the light of ECN+ directive

Summary/Abstract: The article is an attempt to analyze the issue of assuring the independence of competition authorities in connection with the adoption of Directive 2019/1. It analyzes: the independence in the context of the authority functions, components and boundaries of the concept itself (accountability and transparency) and how the Directive 2019/1 and attempts to implement it so far in Poland (still at the stage of a draft) carry out the postulates made by academia. The author indicates that shaping the independence of a competition authority cannot be made in isolation from the objectives and functions performed by that authority, and in particular must take into account the context of ensuring the effectiveness of the authority’s operation and protection of procedural rights of undertakings whose activities the authority deals with. Implementation of the Directive 2019/1 in Poland should be preceded by an in-depth discussion on the position of the OCCP in the context of these principles.

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