Powers of Inspection of the Polish Competition Authority. Question of Proportionality
Streszczenie
The principle of proportionality applies to competition proceedings especially, when
it comes to the exercise by the competition authority of its powers of inspection.
Their use limits the economic freedom and right to privacy of the scrutinised
undertakings in order to protect free competition. The use of inspection powers
must thus be proportionate and remain the least onerous possible for the inspected
companies. In consequence, legislation must provide procedural guarantees of
proportionality of inspections.
This article analyses whether the powers of inspection bestowed upon the Polish
competition authority are regulated in a way that guarantees the observance of the principle of proportionality. The analysis focuses on the powers of control and
search. Subsequently covered is also the issue of judicial control over the use of
the powers of inspection by the competition authority. Proposals for changes in
the practice of the competition authority as well as in the Polish legal framework
are made in conclusion.
Kolekcje
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