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dc.contributor.authorJurkowska, Agata
dc.date.accessioned2011-08-04T08:05:04Z
dc.date.available2011-08-04T08:05:04Z
dc.date.issued2009
dc.identifier.urihttp://depot.ceon.pl/handle/123456789/107
dc.description.abstractThis article presents the main difficulties surrounding private enforcement of antitrust law in Poland, currently the key implementation problem in the field of antitrust law. Whereas the basic standards concerning the public pillar of antitrust enforcement have already been established, either in the European Community (EC) or in its Member States, the private pillar of antitrust enforcement has not yet been fully developed. The fact that private enforcement of antitrust law is possible, and in fact equal, to public enforcement is not yet commonly recognized. In response to the European Commission’s White Paper on Damages actions for breach of the EC antitrust rules, private enforcement of antirust law is presently under intense discussion in EC Member States. This article should be considered as one of the contributions to this debate. It presents the main legal framework of private enforcement of antitrust law in Poland. In order to do so, it directly refers to the Polish Act on competition and consumer protection, the Civil Code and the Civil Procedure Code. This article also discusses Polish case law in this area. It aims to assess whether existing Polish legal provisions are, in fact, sufficient to ensure effective private enforcement of Polish as well as EC antitrust law. The article refers to the main proposals of the European Commission’s White Paper. It is concluded that private enforcement of antitrust law is indeed possible in Poland on the basis of currently applicable procedural rules, even if there are no special instruments designed to facilitate it. However, it cannot be expect that in the current legal climate, private parties will eagerly and frequently apply for damages in cases of a breach of Polish antitrust law. Antitrust cases are special in many aspects and, thus, they require specific solutions in procedural terms. This article aims to pinpoint those areas, where the Polish law needs to be changed in order to develop and promote private enforcement of antitrust law in Poland.en
dc.language.isoenen
dc.publisherCenter for Antitrust and Regulatory Studiesen
dc.rightsCreative Commons Uznanie autorstwa 3.0 Polskapl_PL
dc.rights.urihttp://creativecommons.org/licenses/by/3.0/pl/legalcode
dc.subjectdamage actionsen
dc.subjectcollective redressen
dc.subjectcourt proceedingsen
dc.subjectantitrust damagesen
dc.subjectprivate partiesen
dc.subjectprivate and public enforcementen
dc.titleAntitrust Private Enforcement – Case of Polanden
dc.typeinfo:eu-repo/semantics/articleen
dc.contributor.organizationDepartment of European Economic Law, Faculty of Management, University of Warsaw; Scientific Secretary of the Centre of Antitrust and Regulatory Studies (CARS)en
dc.description.epersonMichał Mijal
dc.rights.DELETETHISFIELDinfo:eu-repo/semantics/openAccess


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Creative Commons Uznanie autorstwa 3.0 Polska
Except where otherwise noted, this item's license is described as Creative Commons Uznanie autorstwa 3.0 Polska