Commitment Decisions under the Polish Competition Act – Enforcement Practice and Future Perspectives
Streszczenie
The aim of this paper is to provide an analysis of the commitments procedure under
the Polish competition law, including both legal and economic perspective. The
outcome of this research is supposed to help in estimation whether novel negotiated
instruments may be successfully employed in the field of antitrust enforcement.
Hence, the paper first introduces the legal background of the commitments decisions,
with focus on the specific features of the procedure. Being a tool of antitrust
enforcement, commitment decisions should contribute to its goals. Therefore, the
paper identifies such objectives drawing on the economic literature. It is in the light
of these criteria that the decision practice of the Polish competition authority, still
in the stage of development, is subsequently evaluated. This assessment reveals circumstances, under which the competition authority is particularly apt to engage
into commitments procedure. It allows also for a conclusion that the application
of this negotiated instrument is in principle commensurate with the exigencies
following from economic theory. Nevertheless, where necessary, the paper provides
suggestions as to the improvement of application of commitment decisions.
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