The Scope of Application of the Provisions of the Administrative Procedure Code in Competition Enforcement Proceedings
Streszczenie
The main premise of this article is an attempt to determine the scope of application
of the provisions of the Administrative Procedure Code (KPA) in antimonopoly
proceedings. The legislator has introduced an extensive system of norm-referenced
proceeding provisions for antimonopoly law. In matters not regulated by the
legislature, however, it refers primarily to the solutions standardised by the
provisions of the KPA. In the opinion of the author of the article, the general
reference to the KPA contained in Article 82 is associated with the desire to create
strong safeguards to protect the rights of businesses involved. It is also to promote stability, consistency and transparency in the application of the model antimonopoly
proceedings. It seems that the legislature came to the conclusion that such a premise
might be achieved by establishing the Administrative Procedure Code as the basic
procedural instrument for proceedings conducted by the UOKiK President. This
rather means that the ‘main burden’ of the creation of a complex mechanism for
antimonopoly proceedings rests to a greater degree on the KPA.
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